Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01728 Not in force Legislative Instrument

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EXPLANATORY STATEMENT – Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015

 

Ordinance No. 8, 2015

 

Overview and Background

 

The Seat of Government (Administration) Act 1910 provides a legal framework for the Australian Capital Territory, and a body of law based on New South Wales laws.  The Seat of Government (Administration) Act 1910 provided that from 1911, new laws would derive from Ordinances made by the Governor-General and Acts of the Commonwealth Parliament.
 

Subsection 12(1)(d) of the Seat of Government (Administration) Act 1910 provides that the Governor-General may make Ordinances for the peace, order and good government of the Territory with respect to National Land as defined by the Australian Capital Territory (Planning and Land Management) Act 1988.  The Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015 (the Ordinance) is made under the Seat of Government (Administration) Act 1910.  

 

The purpose of the Ordinance is to amend the National Land Ordinance 1989 to modify the Leases (Special Purposes) Ordinance 1925, to allow for flexible diplomatic leasing arrangements in the Australian Capital Territory.  The types of leasing arrangements available under the Ordinance include the lease of a single site to a country,
co-location of two or more countries on a single site, sub-division and the use of commercial building spaces. 

 

The Ordinance does not affect the validity of existing leases granted to the Government of a foreign country under the previous Leases (Special Purposes) Ordinance 1925, or the ability of those existing leases to be used for the diplomatic, consular or official purpose of the Government of another foreign country if such use is specified in a lease.

 

The Ordinance is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Seat of Government (Administration) Act 1910 does not specify any conditions that need to be met before the power to make the Ordinance may be exercised. 
The Ordinance commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

The Ordinance is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

The Ordinance is made to allow for flexible diplomatic leasing arrangements in the Australian Capital Territory and does not engage any of the applicable rights or freedoms. The Ordinance is compatible with human rights as it does not raise any human rights issues.

 

Consultation

In preparing the Ordinance, the Department of Infrastructure and Regional Development undertook consultations with Commonwealth agencies and members of the diplomatic community. 


Draft copies of the Ordinance were sent to the Australian Government Solicitor, the National Capital Authority and Department of Foreign Affairs and Trade for comment.
 

Following circulation of the final draft, no agencies or organisations consulted objected to the content of the ordinance.

 

Detailed Provision-by-Provision Description of the Ordinance

Section 1 – Name of Regulation

This section provides that the title of this Ordinance is Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015.

Section 2 – Commencement

The date of commencement is the day after the Ordinance is registered on the Federal Register of Legislative Instruments.

Section 3 - Authority

This section identifies the authority under which the Ordinance is made; the Ordinance is made under the Seat of Government (Administration) Act 1910.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule has effect according to its terms.

Schedule 1 – Amendments

Part 1 – Main Amendments

National Land Ordinance 1989


Item 1 – Schedule (after modification of Section 2 of the Leases (Special Purposes) Ordinance 1925) 

This item repeals subsection 3(2) of the Leases (Special Purposes) Ordinance 1925 and substitutes it with the new subsection 3(2) of the Ordinance in relation to the Minister’s ability to grant leases of National Land.  This item provides that the Minister may grant to the Government of a foreign country, or to the accredited agent of that Government, a lease of land that is National Land for the diplomatic, consular, or official residence of that Government, or of the Governments of another foreign country.

 

A lease of land granted by the Minister under this new subsection includes lease terms relating to subdivision, subleasing and co-location of two or more Governments on the same site.  Leases of land granted under this subsection may relate to the whole or part of premises that would otherwise be used for business or residential purposes.  
 

Part 2 – Application and Transitional Provisions

National Land Ordinance 1989


Item 2 – Effect of amendments made by Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015

This item inserts a new Section 9 into the National land Ordinance 1989 which provides that new subsection 3(2) of the Ordinance applies to leases of National Land that were granted under the Leases (Special Purposes) Ordinance 1925.


New Section 9 also provides that amendments made by the Ordinance do not affect the validity of existing leases granted to the Government of a foreign country under the previous Leases (Special Purposes) Ordinance 1925, or the ability of those existing leases to be used for the diplomatic, consular or official purpose of the Government of another foreign country if such use is specified in a lease. 

 

 

Overview

The Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015, enacted by the Governor-General under the Seat of Government (Administration) Act 1910, aims to introduce flexibility in diplomatic leasing arrangements within the Australian Capital Territory. This amendment responds to the need for modernised leasing practices that can accommodate various diplomatic requirements, such as co-location of multiple countries on a single site or the sub-division of leased premises. The Ordinance does not invalidate existing leases granted under the previous Leases (Special Purposes) Ordinance 1925, ensuring continuity for ongoing diplomatic operations. The policy objective is to enhance the Territory's capacity to meet international diplomatic needs by providing a more adaptable legal framework for land leases. Consultations were conducted with relevant Commonwealth agencies and the diplomatic community during the drafting of the Ordinance, and no objections were raised regarding its content. The Ordinance is compatible with human rights as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. It commenced on the day after registration on the Federal Register of Legislative Instruments, thereby immediately taking effect.

Scope and Application

The Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015 is a legislative instrument designed to amend the National Land Ordinance 1989 and the Leases (Special Purposes) Ordinance 1925, thereby allowing for flexible diplomatic leasing arrangements in the Australian Capital Territory. This Ordinance applies to the Government of a foreign country and its accredited agents, granting them the ability to lease National Land for diplomatic, consular, or official purposes, including the co-location of two or more countries on a single site, subdivision, and the use of commercial building spaces. The Ordinance operates within the jurisdictional reach of the Australian Capital Territory, pursuant to the Seat of Government (Administration) Act 1910, which empowers the Governor-General to make Ordinances for the peace, order, and good government of the Territory. Importantly, the Ordinance does not affect the validity of existing leases granted under the previous Leases (Special Purposes) Ordinance 1925, nor does it restrict the use of those leases for diplomatic, consular, or official purposes if specified in the lease.

Key Provisions

The Australian Capital Territory National Land Amendment (Diplomatic Leases) Ordinance 2015 amends the National Land Ordinance 1989 to facilitate flexible diplomatic leasing arrangements in the Australian Capital Territory. Section 4 of the Ordinance, through its Schedule 1, modifies the Leases (Special Purposes) Ordinance 1925. Specifically, Section 2 of the Leases (Special Purposes) Ordinance 1925 is amended to allow the Minister to grant leases of National Land to foreign governments or their accredited agents for diplomatic, consular, or official residences, including provisions for subdivision, subleasing, and co-location of multiple governments on a single site (Section 4, Schedule 1, Part 1, Item 1). This change applies to both new and existing leases, ensuring that the validity of leases granted under the old ordinance is preserved, provided the use is for specified diplomatic, consular, or official purposes (Section 4, Schedule 1, Part 2, Item 2). The Ordinance imposes specific obligations on the Minister responsible for granting these leases, ensuring that any lease granted complies with the new provisions outlined in the Act. This includes the ability to negotiate and approve lease terms that accommodate the unique needs of diplomatic missions, such as co-location agreements and sub-leasing arrangements. Additionally, the Minister must ensure that any new lease does not conflict with existing leases or the intended use of the land. The Act also places an obligation on the Government of a foreign country to use the leased premises strictly for the purposes outlined in the lease agreement, adhering to the terms and conditions set forth by the Minister. Failure to comply with the provisions of the Ordinance can result in legal consequences. While the Ordinance does not explicitly outline specific penalties for breach, breaches of lease terms or misuse of leased premises may lead to legal action under the National Land Ordinance 1989 or other applicable laws. Additionally, any actions that contravene the terms of the lease or the intended use of the land could potentially result in the termination of the lease, with possible repercussions for the foreign government involved. The specific penalties for such breaches would be determined by the courts based on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.