Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A lease of land granted under section 31 gives the Commonwealth exclusive possession and quiet enjoyment of the land while the lease is in force (subject to section 34, subsection 37(6) and section 52).
Note: The Minister may determine additional terms and conditions under section 36.
(2) The Commonwealth is not liable to pay to the relevant owner of land any rent in relation to a lease of that land granted under section 31, except in accordance with section 62.
(3) No action, suit or proceeding lies against the Commonwealth in relation to any act or omission of the Commonwealth that results in loss, damage or injury to any person or property as a result of the condition, at the time the lease takes effect, of the land, or of buildings or infrastructure on the land.
(4) The relevant owner of land covered by a lease granted under section 31 may not vary or terminate the lease.
(5) The Commonwealth may not transfer a lease granted under section 31. However, the Commonwealth may, at any time, sublease, license, part with possession of, or otherwise deal with, its interest in the lease.
(6) The Commonwealth may, at any time, vary a lease granted under section 31 by:
(a) excluding land from the lease; or
(b) including in the lease any land that was excluded under subsection 31(3).
Note: The Minister may also vary additional terms and conditions of the lease under section 36.
(7) The Commonwealth may terminate a lease granted under section 31 at any time.
(8) The Commonwealth varies a lease of land under subsection (6), or terminates a lease of land under subsection (7), by the Minister giving notice in writing to the relevant owner of the land.
(9) If the Commonwealth varies a lease under subsection (6), the notice must specify the land excluded from, or included in, the lease.
(10) A variation or termination takes effect, by force of this subsection, at the time specified in the notice given under subsection (8) (which must not be earlier than the day on which the notice is given to the relevant owner of the land).
(11) A notice given under subsection (8) is not a legislative instrument.