Australian Capital Territory Consolidated Acts

LAND TAX ACT 2004 - SECT 22

    (1)     This section applies if—

        (a)     a declaration is made under section 21 in relation to an unoccupied parcel of land; and

        (b)     the land tax payable for the parcel is not paid within 30 days after the day the declaration is notified.

    (2)     The commissioner may—

        (a)     take possession of the parcel of land; and

        (b)     hold the parcel against anyone; and

        (c)     lease the parcel for not longer than 7 years.

    (3)     If the commissioner takes possession of the parcel of land, the commissioner must keep accounts of—

        (a)     rent and other amounts received by the commissioner in relation to the parcel; and

        (b)     the expenses of the lease; and

        (c)     the land tax and rates payable for the land.

    (4)     If rent and other amounts are received by the commissioner under this section—

        (a)     the rent and other amounts must be applied against—

              (i)     the expenses of the lease necessarily incurred by the commissioner; and

              (ii)     the land tax payable for the land; and

              (iii)     the rates payable for the land; and

              (iv)     any other expenses incurred by the commissioner in relation to the parcel; and

        (b)     any remaining rent and other amounts received belongs to anyone who, at the time it is received, would have been entitled to receive it if the parcel had not been in the commissioner's possession.

    (5)     In this section:

"expenses", of a lease, includes expenses incidental to the lease and the collection of rent under the lease.