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LAND ACT 1958 - SECT 137AAA Rent in advance

LAND ACT 1958 - SECT 137AAA

Rent in advance

    (1)     A lease under this subdivision may provide for the whole or any part of the rent under the lease to be payable in advance.

    (2)     The fact that a lease under this subdivision provides for the payment of the whole of the rent in advance does not affect its status as a lease.

    (3)     If a lease under this subdivision is forfeited, the Minister may refund the whole or any part of rent paid in advance, after taking into account the following—

        (a)     the reasons for the forfeiture;

        (b)     any expenses associated with the forfeiture or with seeking a new lessee;

        (c)     whether any new lease of the land is on terms and conditions less favourable to the lessor than those in the forfeited lease;

        (d)     any other commercial considerations that the Minister considers relevant.

    (4)     The Consolidated Fund is by this subsection appropriated to the necessary extent to pay refunds under subsection (3).

    (5)     Subsection (3) has effect despite anything to the contrary in this Act.

S. 137AB inserted by No. 10011 s. 10, substituted by No. 28/1993 s. 7.