Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where the Treasurer is satisfied, on a recommendation made to him by the committee, that, in relation to any additional sum to which an owner has or may become entitled in respect of the acquisition of any land under this Act –
the Treasurer may make a direction under this section requiring the additional sum to be applied in the provision of accommodation for the selected person, and such a direction is referred to in this section as a direction in respect of that additional sum made in favour of that person.(a) any dwelling-house that was erected on that land was used as a dwelling by the owner or his spouse;
(b) it is just and reasonable that the additional sum should be applied in the provision of accommodation for a person referred to in paragraph (a) of this subsection (in this section referred to as "the selected person" ); and
(c) it is reasonable to expect that, if the additional sum is paid to the person who would otherwise be entitled to receive payment thereof, it will not or may not be applied in the provision of accommodation that will be reasonably available for the use of the selected person as a dwelling –
(2) A direction made under this section may be revoked by the Treasurer on the recommendation of the committee, but the revocation of such a direction does not prejudice or affect anything done thereunder or prevent the making of a further direction under this section.
(3) Before making a recommendation to the Treasurer under this section with respect to an additional sum the committee shall serve notice on the owner, and, if the recommendation is for the revocation of a direction under this section, on the selected person in whose favour the direction was made, specifying the recommendation that it is intended to make and shall consider any representations that may be made to the committee by a person upon which such a notice is served within one month of the service thereof.
(4) A direction may be made under this section in respect of an additional sum, notwithstanding that the entitlement to that additional sum has not been admitted or established or that the amount of that additional sum has not been determined.
(5) A direction under this section may specify the additional sum to which it relates by reference to the owner who apart from this section has or may become entitled to that sum or to the estate or interest in respect of which the entitlement to the additional sum has arisen or may arise.
(6) Where a direction is made in favour of a selected person with respect to an additional sum and, by reason of a joint tenancy or otherwise, that person, apart from this section, has or is entitled to any share or interest in the compensation to which that additional sum is supplement, that share or interest shall, on application being made in writing to the Treasurer by the selected person, be treated for the purposes of this section (otherwise than for the purposes of subsection (12) thereof) as forming part of that additional sum, and the making of such an application shall be deemed to have the effect of severing any interest in that compensation held by the selected person jointly with any other person.
(7) Where a direction is made under this section in respect of an additional sum in favour of a selected person that sum shall be deposited in the Special Deposits and Trust Fund and, at any time during which that direction remains in force, may be applied by the Treasurer, on the recommendation of the committee, in the provision of accommodation for that person.
(8) The application of any sum in or towards the discharge of a mortgage or other incumbrance subsisting in respect of any land in which a person has an estate or interest and which he uses as a dwelling shall be deemed for the purposes of this section (but without prejudice to the generality thereof) to be the application of that sum in the provision of accommodation for that person.
(9) All interest received from the investment under the Public Account Act 1986 of the sum deposited in the Special Deposits and Trust Fund less a fair charge to reimburse the Treasurer for the costs of investment and management is to be taken to be part of the additional sum.
(10) Subject to this section, while a direction in respect of an additional sum made in favour of a selected person is in force any entitlement of the owner to that sum shall be deemed to have been transferred to and to be vested in the selected person, and accordingly, that sum shall be deemed for the purposes of the Land Acquisition Act 1993 to be compensation to which the selected person is entitled in respect of the acquisition of the land in relation to which the entitlement to the additional sum arises.
(11) For the purposes of subsection (10) of this section, where a direction with respect to an additional sum is made in favour of a selected person before the amount of that sum is determined, the Land Acquisition Act 1993 has effect as if the selected person had made a claim for that sum which had become a disputed claim for compensation.
(12) Where an additional sum in respect of which a direction is in force under this section is charged with a mortgage or other incumbrance that is charged also upon any other compensation that mortgage or incumbrance shall only be satisfied out of the additional sum to the extent that that other compensation is insufficient to satisfy it.
(13) Nothing in this section prevents the Treasurer from acquiring by agreement any land, notwithstanding that a direction is in force in respect of any additional sum an entitlement to which has arisen or may arise in respect of the acquisition of that land, but the acquisition by agreement of any land does not prejudice or affect the rights of a selected person under this section.
(14) A direction under this section is deemed to be revoked on the death of the selected person in whose favour it was made.
(15) Except as otherwise expressly provided in this section, nothing in this section affects the rights of any person in or in respect of any land acquired under this Act.
(16) In this section "owner", when used in relation to an additional sum means a person who holds or held the estate or interest in respect of which the entitlement to that additional sum arises and includes, where that estate or interest is or was held by two or more persons, whether jointly or in common or otherwise, any one of those persons.