Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) by the Minister; or
(b) by a person who is a resident of, or the lessee or sub-lessee of land or premises in, the Territory.
9C. (1) The parties to an application under section 9B are—
(a) the applicant;
(b) the person specified in the application as the person against whom an order under section 9A is sought; and
(c) any person who becomes a party by virtue of section 9CB.
(2) A person referred to in paragraph (1) (b) or (1) (c) shall be a respondent to an application under section 9B.
9CA. (1) Where, on an application for an order under section 9A against the lessee of land, it is proved that land has been used by a person other than the lessee, it shall be presumed that the lessee permitted the use of the land by that person unless—
(a) the contrary is proved; or
(b) the lessee proves that, at the time at which the land was so used, the land was the subject of a sub-lease.
(2) Where, on an application for an order under section 9A in relation to land that is the subject of a sub-lease, it is proved that the land has been used by a person other than the sub-lessee, it shall be presumed that the sub-lessee permitted the use of the land by that person unless the contrary is proved.
9CB. (1) Where—
(a) an application is made for an order under section 9A against the lessee of land; and
(b) the land is the subject of a sub-lease,
the Court may direct that the applicant give notice to the sub-lessee of the making of the application and of the time and place at which the hearing of the application will commence or be continued, as the case may be.
(2) Where an application is made for an order under section 9A against the sub-lessee of land, the Court may direct that the applicant give notice to the lessee of the making of the application and of the time and place at which the hearing of the application will commence or be continued, as the case may be.
(3) Where notice is given to a person in accordance with a direction under subsection (1), that person thereupon becomes a party to the application.
9CC. (1) Where—
(a) the land to which the application under section 9B relates is the subject of a sub-lease;
(b) the sub-lessee has used the land, or permitted the land to be used, for an unauthorized purpose;
(c) the use of the land for that purpose is authorized by or under the sub-lease; and
(d) the Supreme Court makes an order under section 9A against the sub-lessee,
the Court may declare the sub-lease void to the extent that it authorizes the use of the land for the purpose to which the application relates.
(2) Where the Supreme Court makes a declaration in pursuance of subsection (1) in relation to a sub-lease, the Court may make any other order that appears to the Court to be necessary to do justice between the lessee and sub-lessee.
(3) Where the Supreme Court makes a declaration in pursuance of subsection (1) in relation to a sub-lease, the sub-lease is void to the extent that it authorizes the use of the land the subject of the sub-lease for the purpose to which the application relates.
(4) The Supreme Court shall not make a declaration or order under this section unless the lessee is a party to the application.
9CD. (1) Where—
(a) an application is made under section 9B for an order against the lessee of land;
(b) a sub-lessee of the land becomes a party to the application; and
(c) an order under section 9A is made against the sub-lessee but no such order is made against the lessee,
the Court shall not make an order for the payment by the applicant of the costs of the lessee unless the Court is of the opinion that the making of the application for an order under section 9A against the lessee was unreasonable.
(2) Where—
(a) an application is made under section 9B in relation to land held under a lease granted for residential purposes; and
(b) an order is made under section 9A against a respondent to the application,
the Court shall not make an order for the payment by the respondent of the costs of the applicant if—
(c) the Court is of the opinion that the making of the application was unreasonable; or
(d) the decision of the question whether the land was used for an unauthorized purpose involved the resolution of a difficult question of law.
9D. (1) In this section—
(a) a structure equipped with wheels; and
(b) a vehicle that has been so constructed or altered that it may be used for any of the purposes of a caravan;
(2) A person shall not keep more than one caravan on a parcel of land which is not an exempt parcel and is the subject of a lease for residential purposes only.
Penalty: $100, together with $100 for each day during which the offence continues.
(3) A person shall not permit the keeping of more than one caravan on a parcel of land which is not an exempt parcel and is the subject of a lease for residential purposes only.
Penalty: $100, together with $100 for each day during which the offence continues.
(4) In proceedings for an offence against this section, evidence that money is paid to a person in connexion with the occupation by another person of a caravan on a parcel of land is evidence that the caravan is kept by the first-mentioned person on that parcel.
9E. (1) A person may apply to the Magistrates Court for an order permitting him to keep more than one caravan on a parcel of land which is the subject of a lease for residential purpose only.
(2) The application shall be by way of motion supported by affidavit.
(3) The applicant shall serve a copy of the notice and affidavit on the Minister not less than 14 days before the day specified in the notice for the hearing of the application.
(4) The applicant and the Minister shall be entitled to be heard on the application and to examine and cross-examine witnesses.
(5) The Court shall not make an order under subsection (1)—
(a) if the use of the land for the keeping of two or more caravans is either—
(i) likely to constitute a nuisance or annoyance to lessees or sub-lessees of adjoining land; or
(ii) inappropriate, having regard to the nature of the locality; or
(b) if either or any of the caravans is to be let or hired for occupation on the land.
(6) An order under subsection (1) may be made subject to such terms and conditions (if any) as the Court thinks fit to impose.
(7) A person who has obtained an order under subsection (1) shall not—
(a) fail to comply with the terms of the order; or
(b) keep, or permit the keeping of, more caravans on that parcel than is permitted by the order.
Penalty: $100, together with $100 for each day during which the offence continues.
(8) Where a person is convicted of an offence under subsection (7), the Court may revoke or vary the order if it thinks that the circumstances so warrant.
10. (1) Where in any lease the lessee covenants to use the land included in the lease for residential purposes only, the land shall not be deemed to be used for any other purpose by reason only of any person, bona fide resident on the land, carrying on, with and subject to the approval of the Minister, and in accordance with such conditions relating to the use of the land as the Minister specifies, his profession, trade, occupation or calling on the land.
(2) Upon application being made to the Minister and payment of the determined fee, the Minister may approve in writing of any person bona fide residing on any such land, carrying on his profession, trade, occupation or calling on the land for such period as the Minister specifies, and may in the instrument of approval or any subsequent instrument specify the conditions relating to the use of the land to be observed by that person in so carrying on his profession, trade, occupation or calling:
Provided that the Minister shall not approve—
(a) of the carrying on of any offensive trade on the land;
(b) of the doing of any act or thing in connexion with the carrying on of any profession, trade, occupation or calling on the land which may become a danger or nuisance to the tenants or occupiers of adjoining lands; or
(c) of the carrying on of any profession, trade, occupation or calling on the land if he is satisfied that it is not in the public interest so to do.
(3) Any instrument approving of the carrying on of any profession, trade, occupation or calling on any such land, or specifying the conditions under which the profession, trade, occupation or calling may be so carried on, shall be forthwith published in the Gazette.
11A. (1) Notwithstanding anything contained in this Act, the Supreme Court may, subject to this section, on the application of the lessee (in this section referred to as the “application for variation”), vary, amend, omit or add any provision, covenant or condition of a lease.
(2) No such variation shall be made—
(a) unless the Court is satisfied that there are such circumstances existing as in the opinion of the Court make it desirable to vary the provision, covenant or condition in order that the reasonable user of the land should not be impeded; or
(b) if, not later than seven days before the day for hearing named in the notice of motion filed by the applicant in pursuance of this section, a certificate is filed by the Minister with the Registrar of the Court stating that, in his opinion, the variation sought would be inconsistent with—
(i) the Plan established pursuant to the Interim Planning Act 1990 ;
(ii) the National Capital Plan within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth;
(iii) if either of those plans is not established, or if neither of them contains any provision in relation to the relevant land—an NCDC policy within the meaning of that Commonwealth Act.
(3) An application for variation shall be made by motion supported by affidavit.
(4) The applicant shall file with the Registrar of the Court a notice of motion together with the affidavit in support and shall, at least thirty days before the day named in the notice for hearing the motion—
(a) serve a copy of the notice and affidavit on the Minister; and
(b) publish the notice in the Gazette and a newspaper circulating in the Territory.
(5) The Minister and also the applicant for variation shall be entitled, either personally or by counsel or solicitor, to be heard on the application for variation and to examine and cross-examine witnesses.
(6) Any person who, within twenty-one days after the publication of the notice of motion in the Gazette—
(a) files with the Registrar of the Court notice of his intention to oppose the application for variation stating the grounds of his opposition; and
(b) serves on the applicant for variation a copy of such notice of intention,
shall, with the leave of the Court, be entitled, either personally or by his counsel or solicitor, to be heard in opposition to the application for variation and to examine and cross-examine witnesses.
(7) The applicant for variation shall pay his own costs and, if the Court so orders, the full costs of any other person appearing in pursuance of this section.
(8) An order of the Supreme Court under this section varying a provision, covenant or condition in a lease shall, in the first instance, be provisional only and is subject to—
(a) the condition (to be included in the provisional order) that if in accordance with subsection (9), a betterment charge is payable to the Territory in respect of the variation, the amount of that charge will be paid to the Territory by the lessee within 2 months after the date on which the lessee is notified by the Minister of the relevant amount; and
(b) such conditions, whether as to compensation to other persons or otherwise, as the Court thinks just and are included in the provisional order.
(9) The Minister shall, as soon as practicable after a provisional order has been made, determine by instrument, as prescribed, the amount of the betterment charge, if any, payable in respect of the variation and cause notice of the amount so determined and a statement of the basis for that determination to be given to the lessee or, where no betterment charge is payable, a statement to that effect.
(9A) A betterment charge is payable to the Territory in respect of the variation specified in the provisional order and the amount of the betterment charge is the amount, if any, determined in accordance with subsection (9).
(9B) A notice under subsection (9) shall include a statement of the terms of section 11B.
(9C) The validity of a determination made by the Minister under subsection (9) shall not be taken to be affected by a failure to comply with subsection (9B).
(9D) An instrument under subsection (9) shall be published in the Gazette.
(9EB) Where a notice of a determination by the Minister is given to a lessee under subsection (9), the lessee may, within 28 days after receiving the notice, by notice in writing given to the Minister, request the Minister to furnish to the lessee a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the determination, and the Minister shall, as soon as practicable, but in any case within 28 days after receiving the request, prepare, and furnish to the lessee, such a statement.
(9F) A provisional order under this section shall be made a final order by the Court if the Court is, on an application by the lessee for a final order, satisfied that the lessee has complied with the conditions specified in the provisional order.
(9G) Upon registration by the Registrar of Titles of a final order under this section, the lease of the parcel of land to which the order relates shall be deemed to have been varied in the manner specified in the final order.
(10) Notice of the filing of any certificate referred to in paragraph (b) of subsection (2) of this section shall be published in the Gazette and shall, not later than seven days before the application for variation is to be made to the Court, be given to the applicant and to every person who has filed notice of his intention to oppose the application.
(11) For the purposes of this section, service of any document on the Minister shall be effected by serving the document on the administrative head.
(12) In this section—
11B. (1) Application may be made to the Tribunal by a lessee who has paid the amount of the betterment charge payable in respect of a variation under section 11A for a review of the determination made by the Minister under subsection 11A (9).
(2) Notwithstanding the provisions of section 27 of the Administrative Appeals Tribunal Act 1989 , an application under subsection (1) shall be made within 30 days after the payment of the betterment charge by the lessee or within such further period as the Tribunal allows, whether before or after the expiration of the period of 30 days.
review11C. (1) Where, as a result of a review under section 11B, a variation is made to the determination of a betterment charge under subsection 11A (9), then—
(a) if the amount of the betterment charge is reduced or a betterment charge is not payable, an amount is payable by the Territory to the lessee equal to the amount by which the betterment charge is reduced or an amount equal to the amount of the betterment charge paid, as the case requires; or
(b) if the amount of the betterment charge is increased or a betterment charge becomes payable, an amount is payable by the lessee to the Territory equal to the amount by which the betterment charge is increased or an amount equal to the amount of the betterment charge that is payable, as the case requires.
(2) In this section—
11D. (1) In this section—
(a) has as its principal purpose the provision of a form of assistance to persons living or working in the Territory;
(b) is not carried on for the pecuniary profit or gain of its members; and
(c) is not the holder of a Club Licence under the Liquor Act 1975 ;
(a) free of consideration other than a nominal rent;
(b) for less than the amount of the market value of the lease;
(c) at a rental less than the full market rental; or
(d) in such other circumstances as may be prescribed;
but does not include a lease in respect of which a units plan has been registered under the Real Property (Unit Titles) Act 1970 .
(2) A reference in this section to the market value of a lease is a reference to the amount that could be expected to be paid for the lease on the open market if it were sold by a willing but not anxious seller to a willing but not anxious buyer.
(3) Subject to this section, a concessional lease shall not be capable of being assigned or transferred either at law or in equity unless the lessee has obtained the consent of the Minister to that transaction pursuant to subsection (4).
(4) Where the lessee of a concessional lease applies to the Minister for his or her consent to a transaction referred to in subsection (3), the Minister shall, by instrument, consent to that transaction if he or she is satisfied that—
(a) the amount of the premium payable in accordance with subsection (9) in respect of the transaction has been paid to the Territory by the lessee within 2 months after the date on which the lessee is notified by the Minister of the amount or amounts determined in accordance with subsection (5); or
(b) in the case of a proposed assignment or transfer to a community organisation—
(i) the organisation has purposes similar to those of the lessee; and
(ii) the lessee has paid the determined fee.
(5) The Minister shall as soon as practicable after application to the Minister by a lessee in respect of a transaction referred to in subsection (3), not being a transaction referred to in paragraph (4) (b), determine—
(a) the amount of the market value of the lease, assuming that the consent of the Minister had been given to the relevant transaction; and
(b) the amount of an allowance, if any, in respect of—
(i) the capital sum paid in respect of the grant of the lease; and
(ii) any amount paid to reduce the land rent liability under the lease to a nominal rent;
and cause notice of the determination of those amounts to be given to the lessee with a statement setting out the amount of the premium payable to the Territory in accordance with subsection (9).
(6) The Minister shall not determine an amount referred to in paragraph (5) (b) in respect of a transaction referred to in subsection (3) otherwise than in accordance with criteria specified pursuant to subsection (7).
(7) For the purposes of this section, the Minister, by instrument—
(a) shall specify criteria applicable to the determination of an allowance to be made to a lessee in respect of a transaction referred to in subsection (3); or
(b) may amend or revoke criteria so specified.
(8) An instrument under subsection (7) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
(9) A premium is payable to the Territory in respect of a transaction referred to in subsection (3), not being a transaction referred to in paragraph (4) (b), and the amount of the premium payable is—
(a) the amount of the market value of the lease determined in accordance with paragraph (5) (a); or
(b) the difference between that amount and the amount of the allowance, if any, as determined under paragraph (5) (b);
whichever is the lesser amount.
(10) A notice under subsection (5) shall include a statement of the terms of section 11E.
(11) The validity of a determination made by the Minister under subsection (5) shall not be taken to be affected by a failure to comply with subsection (10).
11E. (1) In this section—
(a) a refusal by the Minister to consent to an assignment or transfer of a concessional lease pursuant to paragraph 11D (4) (b);
(b) a determination made by the Minister under subsection 11D (5) in respect of a transaction referred to in subsection 11D (3).
(2) Application may be made to the Tribunal for the review of a reviewable decision—
(a) in the case of a decision referred to in paragraph (a) of the definition of “reviewable decision”—by the lessee; and
(b) in the case of a decision referred to in paragraph (b) of that definition—by a lessee who has paid the premium payable in respect of the relevant transaction referred to in subsection 11D (3).
(3) Notwithstanding the provisions of section 27 of the Administrative Appeals Tribunal Act 1989 an application under subsection (2) for the review of a decision referred to in paragraph (b) of the definition of “reviewable decision” shall be made within 30 days after the payment of the premium by the lessee or within such further period as the Tribunal allows, whether before or after the expiration of the period of 30 days.
11F. (1) Where, as the result of a review under section 11E, a variation is made to a determination made by the Minister under subsection 11D (5) in respect of a transaction referred to in subsection 11D (3), a recalculation of the premium shall be made pursuant to subsection 11D (9) and—
(a) if by reason of the recalculation, the amount of the premium is reduced, an amount is payable by the Territory to the lessee equal to the amount by which the premium is so reduced; or
(b) if, by reason of the recalculation, the amount of the premium is increased, an amount is payable by the lessee to the Territory equal to the amount by which the premium is so increased.
(2) In this section—
12. (1) A lease shall be—
(a) for such period not exceeding 99 years; and
(b) subject to such covenants and conditions as to rent and otherwise,
as the Minister determines or as are prescribed.
(2) On and after the first day of January, One thousand nine hundred and seventy-one—
(a) this section applies only to and in relation to a lease granted before that date or granted after that date by reason that the right to the grant was obtained before that date; and
(b) the covenants and conditions to which such a lease is subject are the covenants and conditions contained in the lease as modified by section eighteen of this Act.
12A. (1) This section applies to a lease granted after the first day of January, One thousand nine hundred and seventy-one, not being a lease the right to the grant of which was obtained before that date.
(2) The term to be included in a lease to which this section applies is the period of years, not exceeding ninety-nine years, determined by the Minister, before offering, on behalf of the Commonwealth, whether by auction or otherwise, the right to the grant of the lease, as the term to be included in the lease.
(3) The provisions, covenants and conditions as to rent and otherwise to be included in a lease to which this section applies are such provisions, covenants and conditions, not inconsistent with this Act, as are determined by the Minister, before offering, whether by auction or otherwise, the right to the grant of the lease, as the provisions, covenants and conditions to be included in the lease.
(4) Where part of the reserve price for a lease to which this section applies is not paid by the person entitled to the right to the grant of the lease before the grant of the lease, there shall be included in the lease—
(a) an acknowledgment by that person that he has agreed to pay an amount equal to the difference between the amount paid by him and the reserve price and interest on the amount payable by him at a specified rate by specified equal monthly instalments over a specified period; and
(b) a mutual covenant that, if any of those instalments shall remain unpaid for a period of twelve months next after the date on which the instalment becomes payable, the Territory may, on behalf of the Commonwealth, determine the lease.
13. (1) In this section, “the successful bidder”, in relation to the sale by auction of the right to the grant of a lease of a parcel of land, means the person who, at the auction, bids the highest amount for the right to the grant of the lease.
(2) Subject to this section, the Minister may, on behalf of the Commonwealth, offer for sale by auction rights to the grant of leases under this Act of parcels of unleased land.
(3) The Minister may, by order under his hand, direct that the right to bid at a specified auction for the rights to the grant of leases of specified parcels of land shall be restricted to persons included in a specified class of persons.
(3A) In an order under the last preceding subsection, the Minister may direct that a person included in the specified class of persons shall not be entitled to obtain, at the auction specified in the order, the right to the grant of a lease of more than one of the parcels of land specified in the order.
(4) The Minister may, by order under his hand, direct that a person shall not be entitled to obtain, at a specified auction, the rights to the grant of leases of more than a specified number of specified parcels of land.
(5) The Minister shall cause notice of the holding of an auction to be published in the Gazette at least fourteen days before the date of the auction and shall cause to be included in the notice a statement specifying the place at which copies may be obtained of plans showing the location of the parcels of land the rights to the grant of leases of which are to be offered for sale at the auction and of documents containing statements with respect to—
(a) the distinguishing number allotted to each of the parcels of land;
(b) whether or not there are improvements on any of the parcels of land and, if so, a description of the improvements, the value of the improvements and whether or not the Territory, on behalf of the Commonwealth, is prepared to accept a mortgage securing the payment of an amount not exceeding the whole or a specified part of the value of the improvements;
(d) the term to be included in each of the leases of the parcels of land; and
(e) the provisions, covenants and conditions to be included in each of the leases of the parcels of land.
(5A) Where the Minister has made an order under subsection (3) of this section in relation to an auction, the Minister shall cause to be included in the notice referred to in the last preceding subsection a statement specifying—
(a) the parcels of land to which the order applies;
(b) the class of persons specified in the order;
(c) that the right to bid at the auction for the rights to the grant of leases of those parcels of land is restricted to persons included in that class of persons; and
(d) where the order includes a direction under subsection (3A)— particulars of the direction.
(5B) Where the Minister has made an order under subsection (4) of this section in relation to an auction, the Minister shall cause to be included in the notice referred to in subsection (5) of this section particulars of the order.
(6) At an auction in relation to which the Minister has made an order under subsection (3) of this section that includes a direction as provided for by subsection (3A) of this section—
(a) a person who becomes the successful bidder for the right to the grant of a lease of one parcel of land specified in the order ceases to be eligible to make further bids at the auction;
(b) a bid for the right to the grant of a lease of a parcel of land specified in the order made by a person other than a person included in the class of persons specified in the order is not an effective bid; and
(c) a bid for the right to the grant of a lease of a parcel of land specified in the order made by a person included in that class of persons who has ceased to be eligible to make further bids at the auction is not an effective bid.
(7) At an auction in relation to which the Minister has made an order under subsection (4) of this section—
(a) a person who becomes the successful bidder for the rights to the grant of leases to the number, specified in the order, of the parcels of land specified in the order ceases to be eligible to make further bids at the auction; and
(b) a bid made by a person who has ceased to be eligible to make further bids at the auction is not an effective bid.
(8) Bidding at an auction for the right to the grant of a lease of a parcel of land shall, whether or not there are improvements on the parcel of land, commence at an amount that is not less than the reserve price for the lease, and a bid of an amount that is less than that reserve price is not an effective bid.
(10) Subject to this section, the successful bidder for the right to the grant of a lease of a parcel of land shall pay to the Territory, at the time of the auction, an amount equal to the amount of the bid that made him the successful bidder.
(13) Subject to subsection (13A), the successful bidder for the right to the grant of a lease of a parcel of land on which there are improvements shall pay to the Territory, at the time of the auction—
(a) an amount equal to the amount of the bid that made him the successful bidder; or
(b) an amount that is not less than the difference between the amount of the bid that made him the successful bidder and the maximum amount notified in the documents referred to in subsection (5) of this section relating to the auction as the amount that may be secured by mortgage,
and, if the successful bidder elects to pay an amount ascertained in accordance with paragraph (b) of this subsection, he shall, at the time of the auction, sign an agreement that he will—
(c) pay to the Territory, within twenty-eight days after the auction or within such further time as the Minister allows, an amount equal to the unpaid balance of the amount of the bid that made him the successful bidder; or
(d) if the documents referred to in subsection (5) of this section relating to the auction notified that the Territory, on behalf of the Commonwealth, was prepared to accept a mortgage securing the payment of any balance, execute such a mortgage on or before the grant of the lease.
(13A) Where the Minister, by instrument in writing, declares that specified parcels of land the rights to the grant of the leases of which are to be offered for sale at a specified auction are parcels of land to which this subsection applies, the successful bidder for the right to the grant of the lease of such a parcel may, at the time of the auction, pay to the Territory, instead of an amount equal to the amount of his bid, an amount equal to that part of the amount of his bid that is specified by the Minister in the instrument in respect of the right to the grant of the lease of that parcel of land.
(13B) A declaration under subsection (13A) shall not be made in respect of a parcel of land on which there are improvements, and over which the Territory, on behalf of the Commonwealth, is prepared to accept a mortgage.
(13C) Where the successful bidder for the right to the grant of a lease of a parcel of land pays to the Territory at the time of an auction, in accordance with subsection (13A), an amount that is equal to a part of the amount of his bid, he shall, within the period after the date of the auction, being a period of not less than 14 days, that is specified by the Minister in the instrument referred to in subsection (13A) in respect of the right to the grant of that lease, or within such further time (if any) as the Minister, whether before or after the expiration of that period, allows, pay to the Territory an amount equal to the difference between the amount paid by him at the time of the auction and the amount of his bid.
(13D) Where the Minister makes a declaration in pursuance of subsection (13A), he shall cause the notice referred to in subsection (5) that relates to the same auction as the declaration—
(a) to give notice of the making of the declaration by the Minister; and
(b) to specify—
(i) the parcels of land in respect of which the declaration has been made; and
(ii) in respect of the right to the grant of the lease of each parcel—the part of the amount of the bid by the successful bidder that may be paid to the Territory at the time of the auction and the period after the date of the auction, being the period specified by the Minister in the instrument referred to in subsection (13A), within which, where that part is so paid, the amount equal to the difference between the amount paid and the amount of the bid will be required to be paid.
(13E) Where the successful bidder for the right to the grant of a lease of a parcel of land fails to pay to the Territory, in respect of that right, an amount of money in accordance with the requirements of subsection (13C), that person shall not be entitled to recover any moneys paid to the Territory in pursuance of subsection (13A) in respect of the right to the grant of that lease.
(14) Where, after compliance with such of the preceding provisions of this section as are applicable to the successful bidder for the right to the grant of a lease of a parcel of land, the lease for the term and containing the provisions, covenants and conditions that are, by reason of section twelve A of this Act, applicable is tendered to the successful bidder, the successful bidder shall accept, sign and seal the lease.
14. (1) In this section, “the successful applicant”, in relation to applications invited for the right to the grant of a lease of a parcel of land, means the person who offers the highest amount for the right to the grant of the lease or, in the circumstances referred to in subsection (4) of this section, the person determined in accordance with that subsection to be the successful applicant.
(2) The Minister may, by notice in the Gazette , invite applications for the right to the grant of a lease of a specified parcel of land and may, in the notice, direct—
(a) that the right to make application for the right to the grant of the lease is not restricted; or
(b) that the right to make application for the right to the grant of the lease is restricted to persons included in a specified class of persons.
(3) The Minister shall include in a notice referred to in the last preceding subsection a statement specifying the place at which copies may be obtained of documents containing statements with respect to—
(a) the location and description of the parcel of land;
(b) whether or not there are improvements on the parcel of land and, if so, a description of the improvements, the value of the improvements and whether or not the Territory, on behalf of the Commonwealth, is prepared to accept a mortgage securing the payment of an amount not exceeding the whole or a specified part of the value of the improvements;
(d) the term to be included in the lease of the parcel of land;
(e) the provisions, covenants and conditions to be included in the lease of the parcel of land; and
(f) the conditions to be complied with by applicants including conditions relating to the manner in which, and the time within which, applications are to be made and to the deposit (if any) to be lodged with each application.
(3A) Where the Minister has, in the notice inviting applications for the right to the grant of a lease of a parcel of land, directed, in pursuance of paragraph (b) of subsection (2) of this section, that the right to make application for the right to the grant of the lease is restricted to persons included in a specified class of persons, the Minister may include in the notice a statement that persons included in that class of persons may offer for the right to the grant of the lease an amount that is not less than one-quarter of the reserve price for the lease, and, in such a case, the Minister shall include in the notice a statement specifying the provisions to be included in an agreement to be entered into by the successful applicant for the right to the grant of the lease for the payment by him of any part of the reserve price for the lease that is not paid before the grant of the lease.
(3B) An application shall not be accepted as an application under this section for the right to the grant of a lease of a parcel of land unless the amount offered—
(a) is not less than the reserve price for the lease; or
(b) where the Minister has included in the notice inviting applications for the right to the grant of the lease a statement that persons included in the specified class of persons may offer for the right to the grant of the lease an amount that is not less than one-quarter of the reserve price for the lease—is not less than one-quarter of the reserve price for the lease.
(4) If—
(a) two or more applicants offer the same amount for the right to the grant of a lease of a parcel of land;
(b) the amount so offered is the highest amount offered for the right to the grant of a lease of the parcel of land; and
(c) the applicants are otherwise equally eligible as lessees,
the Minister may determine by ballot, or otherwise, which of the applicants is the successful applicant.
(5) Where applications are invited for the right to the grant of a lease of a parcel of land, the successful applicant is, subject to this Act and to the approval of the Minister, entitled to the grant of a lease of the parcel of land.
(6) Subject to the next succeeding subsection and to subsection (9) of this section, the successful applicant for the right to the grant of a lease of a parcel of land shall, within twenty-eight days after the date on which he is notified in writing that he is the successful applicant or within such further time as the Minister allows, pay to the Territory an amount equal to the amount offered by him in his application for the right.
(7) Where, in a case where the Minister has given a direction in pursuance of paragraph (b) of subsection (2) of this section, the amount offered by the successful applicant for the right to the grant of a lease of a parcel of land is less than the reserve price for the lease, the successful applicant shall, within twenty-eight days after the date on which he is notified in writing that he is the successful applicant or within such further time as the Minister allows—
(a) pay to the Territory an amount equal to the reserve price for the lease; or
(b) pay to the Territory an amount that is not less than the amount offered by him in his application for the right to the grant of the lease and sign an agreement that he will pay an amount equal to the difference between the amount paid by him and the reserve price for the lease and interest on the amount payable by him at a specified rate by specified equal monthly instalments over a specified period.
(8) The instalments to be specified in an agreement referred to in paragraph (b) of the last preceding subsection shall be such that the total amount payable by way of instalments in any period of twelve months shall not be less than Fifty dollars and the period to be so specified shall not exceed thirty-one years.
(9) The successful applicant for the right to the grant of a lease of a parcel of land on which there are improvements shall, within twenty-eight days after the date on which he is notified in writing that he is the successful applicant or within such further time as the Minister allows—
(a) pay to the Territory an amount equal to the amount of the offer that made him the successful applicant; or
(b) pay to the Territory an amount that is not less than the difference between the amount of the offer that made him the successful applicant and the maximum amount notified in the documents referred to in subsection (3) of this section as the amount that may be secured by mortgage,
and, if the successful applicant elects to pay an amount ascertained in accordance with paragraph (b) of this subsection, he shall, within that period or extended period, sign an agreement that he will, on or before the grant of the lease—
(c) pay to the Territory an amount equal to the unpaid balance of the amount of the offer that made him the successful applicant; or
(d) if the documents referred to in subsection (3) of this section notified that the Territory, on behalf of the Commonwealth, was prepared to accept a mortgage securing the payment of any balance, execute such a mortgage.
(10) Where, after compliance with such of the preceding provisions of this section as are applicable to the successful applicant for the right to the grant of a lease of a parcel of land, the lease for the term and containing the provisions, covenants and conditions that are, by reason of section twelve A of this Act, applicable is tendered to the successful applicant, the successful applicant shall accept, sign and seal the lease.
(11) An amount lodged by way of deposit with an application made under this section for the right to the grant of a lease of a parcel of land by a person who does not become the successful applicant for the right to the grant of a lease of the parcel of land shall be refunded to him.
(12) Subject to subsection (13), an amount lodged by way of deposit with an application made under this section for the right to the grant of a lease of a parcel of land by a person who becomes the successful applicant for the right to the grant of a lease of the parcel of land shall be deemed to be payment by that person on account of the amount payable by him under this section.
(13) Where a person who becomes the successful applicant for the right to the grant of a lease fails to comply with subsection (6), (7) or (9), an amount lodged by way of deposit with the application made by that person under this section is, by force of this subsection, forfeit to the Territory.