City Area Leases (Amendment) Act 1984 (ACT)

AUSTRALIAN CAPITAL TERRITORY

City Area Leases (Amendment) Ordinance 1984

No. 39 of 1984

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 26 July 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

TOM UREN

Minister of State for Territories and Local Government

An Ordinance to amend the City Area Leases Ordinance 1936

Short title

1.  This Ordinance may be cited as the City Area Leases (Amendment) Ordinance 1984.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the City Area Leases Ordinance 1936.²

Assignment, mortgage &c., of lease where building required to be erected on the land

3.  Section 28 of the Principal Ordinance is amended—

(a)by omitting sub-sections (2B) and (2C) and substituting the following sub-sections:

“(2B)  Subject to this section, where a lease contains a building and development covenant, the lease or an interest in the lease is not capable of being transferred or assigned, either at law or in equity—

(a)otherwise than in the case of the death of the lessee;

(b)otherwise than in pursuance of an order made by the Family Court of Australia or any other court having jurisdiction under the Family Law Act 1975;

(c)otherwise than by virtue of the operation of any law relating to bankruptcy or insolvency; or

(d)unless the lessee has obtained—

(i)a certificate under sub-section (2A); or

(ii)the consent of the Minister under this section as in force at any time before the commencement of the City Area Leases Ordinance (No. 2) 1973.

“(2C)  Subject to this section, where a lease contains a building and development covenant, the lease or an interest in the lease shall not be capable of being mortgaged unless—

(a)the lessee has obtained a certificate under sub-section (2A); or

(b)the mortgage is required by the lessee—

(i)to enable the lessee to repay money borrowed by the lessee for purpose of acquiring the lease;

(ii)to secure money borrowed by the lessee for the purpose of acquiring the lease; or

(iii)to enable the lessee to comply with the building and development covenant in the lease.”; and

(b)by omitting from sub-section (4) “(2C) or”.

Restrictions on transfer, &c., of certain leases

4.  Section 28B of the Principal Ordinance is amended—

(a)by omitting sub-section (1) and substituting the following sub-section:

“(1)  This section applies to and in relation to—

(a)a lease of a parcel of land specified in an order made by the Minister under sub-section 13 (3) (being an order that includes a direction as provided for by sub-section 13 (3A)) granted to the successful bidder for the right to the lease at the auction specified in the order; and

(b)a lease of a parcel of land granted under section 17 to a person included in a class of persons specified by the Minister, for the purposes of this paragraph, by instrument in writing published in the Gazette.”;

(b)by omitting from paragraph (10) (a) “or”; and

(c)by omitting paragraph (10) (b) and substituting the following paragraphs:

“(b)in the case of a transaction in respect of a lease of the kind referred to in paragraph (1) (b)—the period (if any) specified by the Minister in the instrument specifying a class of persons for the purposes of that paragraph; or

(c)in any other case—a period of 5 years.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 2 August 1984.

2. No. 31, 1936 as amended by Nos. 38 and 40, 1936; No. 21, 1938; No. 14, 1947; No. 18, 1950; No. 8, 1951; No. 18, 1957; No. 21, 1959; No. 12, 1961; No. 18, 1963; No. 7, 1964; No. 19, 1966; No. 13, 1967; Nos. 3 and 28, 1968; No. 25, 1969; No. 45, 1970; No. 11, 1971; Nos. 3 and 58, 1973; Nos. 13, 19, 25, 50 and 56, 1974; No. 32, 1975; Nos. 12 and 25, 1976; Nos. 57 and 64, 1977; No. 18, 1978; No. 23, 1979; No. 56, 1982; Nos. 54 and 57, 1983.