Lands Acquisition Regulations (Amendment) 1995 No. 112
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 112
Issued by the Authority of the Minister for Administrative Services
Lands Acquisition Act 1989
Lands Acquisition Regulations (Amendment)
Section 140 of the Lands Acquisition Act 1989 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.
Section 6 of the Act defines "Commonwealth Authority" for the purposes of the Act.
Section 21 provides that acquisition of land will be made in accordance with the Act and defines exceptions to this Section.
Sub-section 40(3) provides for tabling of information under the Act.
Section 117 provides that disposal of land will be made in accordance with the Act and defines exceptions to this Section.
The purpose of the regulations was to return to the Defence Housing Authority (the Authority) the operational flexibility in its dealings with the Commonwealth as was intended under the Defence Housing Authority Act 1987 (DHA Act). Specifically the Authority was to be free from the requirement under the Act to table details of property transactions between it and the Department of Defence.
The Defence Housing Authority (the Authority) was established to provide housing for the members of the Defence Forces and their families, officers and employees of the Department and their families and other persons, in order to meet the operational needs of the Defence Forces and the needs of the Department of Defence.
Section 61 of the DHA Act exempted the Authority from the application of the Act. It was understood that this exemption would cover all contingencies.
However, the Office of the Australian Government Solicitor advised that the Authority's dealings with the Commonwealth were not exempt from sub-section 40(3) of the Act which required tabling of details of the thousands of transactions it undertook in each year with the Department of Defence.
As this provision was not originally intended to apply to the Authority, the Authority sought to have regulations made to under Sections 21 and 117 of the Act to exempt it specifically from the provisions of the Act to enable the Authority to conduct transactions under the provisions of its own legislation.
Overview
The Lands Acquisition Regulations (Amendment) 1995 No. 112 was enacted to amend the existing regulations under the Lands Acquisition Act 1989, providing the Defence Housing Authority with the operational flexibility it was originally intended to have. The regulations were designed to address a specific gap in the application of the Act to the Authority, which was established to provide housing for members of the Defence Forces, their families, and other personnel. Despite the exemption outlined in the Defence Housing Authority Act 1987, the Authority was still required to table details of its property transactions with the Department of Defence, a provision not originally intended to apply to it. The regulations were made under the authority of the Minister for Administrative Services and aim to ensure the Authority can conduct its transactions in accordance with its own legislation.
The Lands Acquisition Regulations (Amendment) 1995 No. 112 was issued to correct a legislative oversight that inadvertently subjected the Defence Housing Authority to the tabling requirements of the Lands Acquisition Act 1989, despite its exemption under the Defence Housing Authority Act 1987. This amendment was intended to restore the operational autonomy of the Authority, enabling it to manage its property transactions without the administrative burden of complying with the tabling provisions of the Act. By making this change, the regulations ensure that the Authority can operate in line with its original legislative intent, facilitating more efficient and streamlined dealings with the Commonwealth.
Scope and Application
The Lands Acquisition Regulations (Amendment) 1995 No. 112 amends the Lands Acquisition Regulations to provide specific exemptions for the Defence Housing Authority (DHA) from certain provisions of the Lands Acquisition Act 1989. The Act applies to the DHA and its transactions with the Commonwealth, particularly with the Department of Defence. Initially, the DHA was exempt from the Act's requirement to table details of property transactions, as per Section 61 of the Defence Housing Authority Act 1987, but the Australian Government Solicitor determined that this exemption did not cover the requirement under Section 40(3) of the Lands Acquisition Act. The amendment seeks to rectify this oversight by exempting the DHA from specific sections of the Act, allowing it to operate under its own legislation without the need to table transaction details annually. This amendment is intended to restore the operational flexibility initially envisioned for the DHA in its dealings with the Commonwealth.
Key Provisions
The Lands Acquisition Regulations (Amendment) 1995 No. 112, issued under the authority of the Minister for Administrative Services, amends the Lands Acquisition Regulations to address specific needs of the Defence Housing Authority (DHA). The primary sections of this amendment are Sections 21 and 117 of the Lands Acquisition Act 1989 (the Act), which pertain to the acquisition and disposal of land, respectively. These sections are amended to ensure that the DHA is exempt from the requirement to table details of its property transactions with the Department of Defence, as was initially intended under the Defence Housing Authority Act 1987 (the DHA Act).
Under this amendment, the Defence Housing Authority, which was established to provide housing for members of the Defence Forces, their families, officers, employees, and their families, as well as other individuals, is relieved from certain obligations. Specifically, it is no longer required to table detailed information about its property transactions with the Department of Defence, as stipulated in subsection 40(3) of the Act. This exemption allows the DHA to operate with greater flexibility and in accordance with its own legislation, thereby aligning its practices more closely with its original intent.
The obligations imposed by this amendment require the Defence Housing Authority to conduct its property transactions under the provisions of the DHA Act, rather than the Lands Acquisition Act. This ensures that the DHA maintains the intended operational independence and efficiency in managing housing for Defence personnel. It is crucial that the DHA adheres to its own legislative framework while conducting transactions, ensuring that all activities are properly documented and managed within the scope of the DHA Act.
Failure to comply with the provisions of the amended regulations could result in legal consequences. Although specific offences and penalties are not detailed in the explanatory statement, any breach of the Act or the amended regulations could lead to civil or criminal liabilities. The Lands Acquisition Act and related regulations are designed to ensure that land transactions are conducted fairly and transparently, and any deviation from these requirements could potentially result in legal action. The maximum penalties for such breaches would depend on the specific nature of the violation and could include fines or other sanctions as prescribed by the relevant legislation.