Australian Capital Territory Numbered Acts

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LAND RENT AMENDMENT ACT 2013 (NO. 38 OF 2013) - SECT 24

New section 16C

in part 4, insert

16C     Transfer of post-1 October 2013 lease

    (1)     This section applies to a land rent lease first granted under a contract entered into on or after 1 October 2013.

    (2)     The land rent lease may only be transferred to—

        (a)     an eligible transferee; or

        (b)     if, on application of a lessee under the lease, the commissioner decides it is appropriate that paragraph (a) should not apply—someone other than an eligible transferee.

Note 1     See s 8AA for how the land rent payable under the transferred lease is worked out.

Note 2     If a form is approved under the Taxation Administration Act

, s 139C for this provision, the form must be used.

    (3)     The Minister may determine—

        (a)     matters that the commissioner must take into account in making a decision under subsection (2) (b); and

        (b)     circumstances when it is appropriate that subsection (2) (a) not apply; and

        (c)     a person to whom a lease may be transferred under subsection (2) (b).

Note     Power to make a determination in relation to a person includes power to make provision in relation to a class of people (see Legislation Act

, s 48 (2)).

    (4)     A determination is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.



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