City Area Leases (Amendment) Act 1978 (ACT)

No. 18 of 1 9 7 8

AN ORDINANCE

To amend the City Area Leases Ordinance 1936

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated this seventh day of July 1978.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

R. ELLICOTT

Minister of State for the Capital Territory

CITY AREA LEASES (AMENDMENT) ORDINANCE 1978

1. This Ordinance may be cited as the City Area Leases (Amend­

ment) Ordinance 1978.*

2. Section 13 of the City Area Leases Ordinance 1936f is

amended—

(a)	by omitting from sub-section (10) "the next succeeding sub-section and to sub-section (13) of this section" and substituting " this section ";
(b)	by omitting from sub-section (13) "The successful bidder

fo r" and substituting "Subject to sub-section ( 1 3 A ) , the

1974; N o . 32, 1975; Nos . 12 and 25, 1976; and Nos . 57 and 64, 1977.

successful bidder for "; and

(c) by inserting after sub-section (13) the following

sub-sections:

" (13A ) Where the Minister, by instrument in writing, declares that specified parcels of land the rights to the grant of the leases of which are to be offered for sale at a specified auction are parcels of land to which this sub­ section applies, the successful bidder for the right to the grant of the lease of such a parcel may, at the time of the auction, pay to the Commonwealth, instead of an amount equal to the amount of his bid, an amount equal to that

• Notified in the Commonwealth of Australia Gazette on 13 July 1978.
t Ordinance N o . 31, 1936 as amended by Nos . 38 and 40, 1936; N o . 21, 1938; N o . 14, 1947; N o . 18, 1950;

N o . 8, 1951; N o . 18, 1957; N o . 21, 1959; N o . 12, 1961; N o . 18, 1963; N o . 7, 1964; N o . 19, 1966; N o . 13, 1967; Nos . 3 and 28, 1968; N o . 25, 1969; N o . 45, 1970; N o . 11, 1971; Nos . 3 and 58, 1973; Nos . 13, 19, 25, 50 and 56,

part of the amount of his bid that is specified by the Minister in the instrument in respect of the right to the grant of the lease of that parcel of land.

" ( 1 3 B ) The Minister shall not, in pursuance of sub­ section ( 1 3 A ) , declare that a parcel of land—

(a) that is specified in an order made under sub-section

( 3 ) , being an order that includes a direction as

provided for by sub-section ( 3 A ) ; or

(b) on which there are improvements and over which the Commonwealth is prepared to accept a mortgage,

is a parcel of land to which sub-section (13A ) applies.

" (13c) Where the successful bidder for the right to the grant of a lease of a parcel of land pays to the Com­ monwealth at the time of an auction, in accordance with

sub-section ( 1 3 A ) , an amount that is equal to a part of

the amount of his bid, he shall, within the period after the date of the auction, being a period of not less than 14 days, that is specified by the Minister in the instrument referred to in sub-section (13A ) in respect of the right to the grant of that lease, or within such further time (if any) as the Minister, whether before or after the expira­ tion of that period, allows, pay to the Commonwealth an amount equal to the difference between the amount paid by him at the time of the auction and the amount of his bid.

" ( 1 3 D ) Where the Minister makes a declaration in pursuance of sub-section ( 1 3 A ) , he shall cause the notice

referred to in sub-section (5) that relates to the same

auction as the declaration—

(a)	to give notice of the making of the declaration by the Minister; and
(b) to specify—

(i)   the parcels of land in respect of which the declaration has been made; and

(ii)   in respect of the right to the grant of the lease of each parcel—the part of the amount of the bid by the successful bidder that may be paid to the Commonwealth at the time of the auction and the period after the date of the auction, being the period specified by the Minister in the instru­ ment referred to in sub-section ( 1 3 A ) , within which, where that part is so paid, the amount equal to the difference between the amount paid and the amount of the bid will be required to be paid.

" ( 1 3 E ) Where the successful bidder for the right to the grant of a lease of a parcel of land fails to pay to the Commonwealth, in respect of that right, an amount of money in accordance with the requirements of sub-section ( 1 3 c ) , that person shall not be entitled to recover any moneys paid to the Commonwealth in pursuance of sub­ section (13A ) in respect of the right to the grant of that lease.".