Australian Capital Territory Current Acts

DUTIES ACT 1999 - SECT 80A

    (1)     For this part, "land" includes anything attached to the land, whether or not the thing—

        (a)     is a fixture under a law in force in the ACT; or

        (b)     is owned separately from the land; or

        (c)     appears, or is considered to be, separate from the land under a law in force in the ACT.

    (2)     Without limiting subsection (1), a thing is attached to the land if the thing is—

        (a)     attached directly to the land itself; or

        (b)     attached to a permanent structure on the land.

    (3)     However, "land" does not include a thing—

        (a)     that is temporarily attached to the land to be used only for construction; or

        (b)     if the thing is not a fixture under a law in force in the ACT—

              (i)     that is held or used in relation to primary production; or

              (ii)     that is—

    (A)     a relocatable home attached to a site in a residential park; or

    (B)     attached to the relocatable home or the site for the use or enjoyment of the occupier of the relocatable home; or

        (c)     determined by the Minister.

    (4)     A determination under subsection (3) (c) is a disallowable instrument.

    (5)     In this section:

"primary production"—see section 6.

"relocatable home" means any of the following that can be parked or erected in a residential park:

        (a)     a manufactured home under the Residential Tenancies Act 1997

;

        (b)     a mobile home under the Residential Tenancies Act 1997

;

        (c)     any other habitable structure.

"residential park"—

        (a)     means a residential park under the Residential Tenancies Act 1997

; and

        (b)     includes a mobile home park under the Residential Tenancies Act 1997

.