Leases (Special Purposes) Act 1943 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 4 of 1943.*

i AN ORDINANCE

To amend the Leases (Special Purposes) Ordinance

I 1925-1936.

B E it ordained by the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal	Executive Council, in pursuance of the powers conferred by the
Scat of Government Acceptance Act 1909-1938 and the Steal of
Government (Administration) Ac! 1910-1940, as follows:—
1.— (1.) This Ordinance may be cited as the Leases (Special Shorttitie	a n c l citation.

TI \ s\ -i • -i r» A n

Purposes) Ordinance 194.5.

(2.) The Leases (Special Purposes) Ordinance 1925-1986 is in tins Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Leases (Special Purposes) Ordinance 1925- 1943.

2. After section five r. of the Principal Ordinance, the following section is inserted :—

" OBA.— (1.) Where, upon the expiration of the term of a lease Tenant

of land upon which there arc improvements, the lessee is granted improvements part.
under this Ordinance a further lease of that land or of any part
of that land, he shall not be liable to mako any payment to the

" (2.) Where, upon the expiration of the term of a lease of land upon which there are improvements a further lease of the land or a lease of any part of the land is not granted to the lessee, the Commonwealth shall pay to the lessee the value of the improvements on that land or on any part not so leased.

4776.—PRICE 3 n . ~ F .

" (3.) Where any land or part to which the last preceding sub-section applies is not made available for lea.sing, the value of the improvements on that land or part shall be paid to the lessee forthwith.

" (4.) Where any land or part to which sub-section (2.) of this section applies is made available for leasing the value of the improvements on that land or part shall be paid to the lessee upon the grant of a further lease of that land to any other person.

" (5.) Where, between the date of the expiration of a lease of land upon which there are improvements and the date of the grant of a further lease of that land or part thereof, the Commonwealth derives revenue part or all of which is attributable to the improve-

1. ments on that land or part thereof, the Commonwealth shall pay to Ihe lessee, from time to time, as the Minister determines, the

* Notified in the Commonwealth Gazette on 28th .Tanunry, 1943,

difference between sue!: sum as the Minister determines is at t r ibutable to revenue from tho.se improvements and the amount of such expenditure as the Minister determines lias been incurred by the Commonwealth in maintenance and other costs in respect of those improvements.

" (6.) Notwithstanding anything contained in any lease, where

a lessee of hind under (his Ordinance has fully complied with an3r covenants of his lease with respect to the erection of a building

on tha t land and the lease is determined or surrendered, by virtue

of any provision contained in the lease the provisions of this	I
section relating to the payment to a lessee of the value of the improvements on the land comprise;! in his lease upon its expira- tion shall apply as if the term of the lease had expired on the date of the determination or su r render :
Provided that there shall be deducted from any sum payable in respect of the value of the improvements on the land the amount of such expenditure as the Minister determines has been incurred by the Commonwealth in connexion with the determination or surrender of the lease.

" (7.) For the purposes of this section —

' improvements ' includes buildings and erections, but does not include improvements effected at the cost of lb;1 Commonwealth and in respect of which the Common- wealth has not received, or is not entitled to receive, payment ;

' l e a s e ' means a lease under this Ordinance:

' l e s see ' means the person who was tiie lessee under a lease

which has been determined or surrendered or the term
of which has expired; and

' va lue ' , in relation to improvements on any land, means the amount which the Commonwealth receives or is entitled to receive, upon leasing the land, in respect of those improvements, less such of the costs of the leasing as the Minister determines is a t t r ibutable To the improvements or. if the land is not leased, such

lessee, or, in default of agreement, as is determined by	amount as is agreed upon by the Minister and the
Arbitrat ion under the laws in force in the Terri tory relating to arbitration.'".

Dated this twenty-seventh day of J anua ry . 1D4.1.

C O W R I E I

Governor-General.

By Tlis Excellency's Command,

J . S. COLLINGS

Minister of State for the Interior .

By Authority: L.F.JOHNSTON, Commonwealth Government Printer, Canberra. 9