Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) a land rent lease is held by a lessee under a lease from the Commonwealth for a term of years; and
(b) the commissioner has complied with section 25 (Land rent—notice of rent in arrears) in relation to the land rent lease; and
(c) land rent payable for the land rent lease is in arrears for at least 90 days after the day of notification under section 25 in relation to the lease.
(2) The commissioner may apply to a court of competent jurisdiction for an order for the sale of—
(a) the land rent lease; and
(b) any improvements made on or to the parcel of land under the land rent lease.
(3) In the application, the commissioner may ask that the proceeds of the sale also be applied in paying the total amount of any land tax or rates in arrears for the land rent lease, and any land rent, land tax or rates in arrears for 1 or more related parcels of land stated in the application.
(4) If the court is satisfied that this section applies to the land rent lease, the court must—
(a) order the sale by public auction of the land rent lease, and any improvements made on or to the parcel of land under the land rent lease, to pay the total of the following:
(i) the total amount of land rent in arrears for the lease at the time the court makes the order;
(ii) costs and expenses in relation to the declaration, application and sale in relation to the lease;
(iii) if the commissioner has made a request mentioned in subsection (3) in the application in relation to the lease or another parcel of land—
(A) the total amount of any land tax or rates in arrears for the lease at the time the court makes the order; and
(B) if the court is satisfied that a parcel is a related parcel of land—the total amount of any land rent, land tax or rates in arrears for the other parcel, at the time the court makes the order; and
(b) order that the proceeds be paid into court; and
(c) order that the title to the lease be transferred to the purchaser free from mortgages and other encumbrances.