Commonwealth Consolidated Acts

COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 - SECT 16

(1)

Where by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney-General's Department or a person authorized under subsection 55E(4) of the Judiciary Act 1903  may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such other things, as are necessary to reflect the operation of this Division in relation to that interest in land.

(2)

The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Authority, require the Authority to produce to him any Crown lease or other document in the possession or within the control of the Authority affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division.

(3)

If the Authority fails to comply with a requirement in a notice given to the Authority under subsection (2), the Authority is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200.

(4)

If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed until the Crown lease or other document is produced.

(5)

Charges against the Authority for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document.

(6)

If the Authority is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.