Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if--
(a) a trustee proposes to grant a lease for private residential purposes; and
(b) a dwelling is situated on the land the subject of the proposed lease.
(2) The trustee must give the housing chief executive written notice of the trustee's intention to grant the lease.
(3) Within 28 days after receiving the notice, the housing chief executive must give the trustee a written notice stating whether the housing chief executive considers the dwelling has been used to provide subsidised housing for residential use.
(4) The trustee must not grant the lease before receiving the housing chief executive's notice under subsection (3).
(5) Subsections (6) to (10) apply if the notice states the housing chief executive considers the dwelling has been used to provide subsidised housing for residential use.
(6) The trustee must, before the lease is granted, decide the value of the dwelling by using a valuation methodology agreed between the trustee and the housing chief executive.
(7) The consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the dwelling decided under subsection (6).
(8) The trustee may grant the lease only--
(a) with the written approval of the housing chief executive; and
(b) if the amount mentioned in subsection (7) has been paid to the trustee.
(9) In considering whether to give an approval, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be used to provide subsidised housing for residential use.
(10) If the trustee grants the lease, the trustee must, within 28 days after the lease is registered, give the housing chief executive--
(a) a written notice stating--
(i) the day the lease was registered; and
(ii) the names of the parties to the lease; and
(b) evidence showing the amount mentioned in subsection (7) for the dwelling was paid to the trustee; and
(c) evidence showing the amount decided by the trustee under section 40J(1)(a)(iii) for the lease land was paid to the trustee.
Note--
The amount mentioned in subsection (7) must be used by the trustee as required under section 136A.
(11) This section does not limit section 40J.
(12) In this section--
housing chief executive means the chief executive of the department in which the Housing Act 2003 is administered.