South Australian Consolidated Acts South Australian Consolidated Acts12—Interpretation and application of preceding sections
(1) For the purposes
of the two preceding sections a lease includes an original lease or a
derivative under-lease, or a grant securing a rent by condition, and a lessee
includes an original lessee or derivative under-lessee, and the heirs,
executors, administrators, and assigns of a lessee, also a grantee under such
a grant as aforesaid, his heirs and assigns; and a lessor includes an original
lessor or derivative under-lessor, and his heirs, executors, administrators,
and assigns, also a grantor as aforesaid, and his heirs and assigns.
(2) The said sections
shall apply, although the provision or stipulation under which the right of
re-entry or forfeiture accrues is inserted in the lease in pursuance of any
Act.
(3) For the purposes
of the said sections a lease limited to continue as long only as the lessee
abstains from committing a breach of covenant shall be and take effect as a
lease to continue for any longer term for which it could subsist, but
determinable by a proviso for re-entry on such a breach.
(4) The said sections
shall extend to a covenant or condition against assigning, under-letting,
parting with the possession, or disposing of the land leased, when the consent
of the lessor has been vexatiously or capriciously withheld.
(5) The said sections
shall not apply to Crown leases nor affect the law relating to re-entry and
forfeiture for non-payment of rent.
(6) The said sections
shall apply to leases made either before or after the commencement of this
Act, and shall have effect notwithstanding any stipulation to the contrary.