Australian Capital Territory Repealed Acts

This legislation has been repealed.

CITY AREA LEASES ACT 1936 - SECT 37

Refund of amounts paid for the grant of a lease in certain cases

37A. (1) The Minister may, subject to the next succeeding subsection, authorize the refund to a person who has surrendered a lease granted under this Act or whose lease has been determined in accordance with this Act of an amount not exceeding the amount paid by the person for or in respect of the grant of the lease.

(2) The last preceding subsection does not authorize the refund of an amount unless—

        (b)     the lease was a lease for residential purposes; and

        (c)     the person to whom the lease was granted has been unable, for reasons which, in the opinion of the Minister, warrant the refund, to comply with the covenants of the lease requiring the erection of a building on the land comprised in the lease.

(3) The Minister may, subject to the next succeeding subsection, authorise the refund to a person who surrenders the right to the grant of a lease under this Act of a parcel of land and of an amount not exceeding the amount paid by the person for or in respect of the grant of the lease.

(4) The last preceding subsection does not authorize the refund of an amount unless—

        (b)     the conditions subject to which the right to the grant of the lease was obtained included a condition that the lease would be a lease for residential purposes;

        (c)     the Minister is satisfied that reasons exist that justify the refund; and

        (d)     the surrender of the right to the grant of the lease is made before the Minister has, in pursuance of section twenty-one of this Act, given notice of his intention to determine under that section the right of the person to the grant of the lease.

Determined fee