Australian Capital Territory Repealed Acts

This legislation has been repealed.

FORFEITURE AND VALIDATION OF LEASES ACT 1905 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a NSW Act—the Forfeiture and Validation of Leases Act 1905 No 8 (NSW).

The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.

Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    NSW legislation

Forfeiture and Validation of Leases Act 1905 No 8

assented to 21 August 1905

commenced 21 August 1905

as amended by

    Commonwealth legislation

New South Wales Acts Application Ordinance 1984 No 41 sch 2 pt 15

assented to 2 August 1984

commenced 2 August 1984

    Legislation after becoming Territory enactment

Acts Revision (Position of Crown) Act 1993 No 44 sch 1

notified 27 August 1993 (Gaz S165)

commenced 27 August 1993 (s 2 and Gaz S 165)

Land Titles (Consequential Amendments) Act 1995 No 54 sch pt 1

notified 20 December 1995 (Gaz 1995 No S313)

ss 1-3 commenced 20 December 1995 (s 2 (1))

sch pt 1 commenced 20 June 1996 (s 2 (3))

Statute Law Amendment Act 2001 (No 2) No 56 sch 3 pt 3.22 amdts 3.278-3.298

notified 5 September 2001 (Gaz 2001 No S65)

s 1, s 2 commenced 5 September 2001 (s 2 (1))

sch 3 pt 3.22 amdts 3.278, 3.279, 3.282-3.298 commenced 5 September 2001 (s 2 (1))

sch 3 pt 3.22 amdts 3.280, 3.281 commenced 12 September 2001 (s 2 (2))

Legislation Amendment Act 2002 No 11 pt 2.23

notified LR 27 May 2002

s 1, s 2 commenced 27 May 2002 (LA s 75)

pt 2.23 commenced 28 May 2002 (s 2 (1))

as repealed by

Civil Law (Property) Act 2006 A2006-38 s 507

notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
s 507 commenced 28 March 2007 (s 2 and LA s 79)

4     Amendment history

The New South Wales Acts Application Act 1984 (previously the New South Wales Acts Application Ordinance 1984), sch 2, pt 15 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after the enactment of the 1984 Act.

Title
title     am 2001 No 56 amdt 3.278

Name of Act
s 1     sub 2001 No 56 amdt 3.279

Definitions for pt 2
s 2     ins 2001 No 56 amdt 3.280

Application of pt 2
s 3     sub 2001 No 56 amdt 3.280

Restrictions on re-entry or forfeiture
s 4     sub 2001 No 56 amdt 3.280, amdt 3.281

Notices under s 4 (1)
s 4A     ins 2001 No 56 amdt 3.281

Protection of under-lessees
s 5     sub 2001 No 56 amdt 3.282

Pt 3 does not bind Territory
s 5A     ins 1993 No 44 sch 1
    sub 2001 No 56 amdt 3.283; 2002 No 11 amdt 2.46

Lease taken to be granted in intended exercise of power
s 6     sub 2001 No 56 amdt 3.284

Certain invalid leases to be construed as agreements to lease
s 7     am 1995 No 54 sch pt 1
    am 2001 No 56 amdts 3.285-3.292

Certain leases validated
s 8     sub 2001 No 56 amdt 3.293

Acceptance of rent taken to be confirmation of lease
s 9     sub 2001 No 56 amdt 3.294

Lessee bound to accept confirmation
s 10     sub 2001 No 56 amdt 3.295

Saving of other rights
s 11     sub 2001 No 56 amdt 3.296

Pt 4
hdg     ins 2001 No 56 amdt 3.298

Approved forms
s 12     om 2001 No 56 amdt 3.297
    reloc from Forfeiture of Leases Act 1901 by 2001 No 56 amdt 3.299
    (4)-(7) exp 12 September 2002 (s 12 (7))

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1984 No 41	31 August 1992
2	Act 1993 No 44	31 January 1994
3	Act 2001 No 56	21 February 2002
4	Act 2002 No 11	30 May 2002
5	A2002-11	13 September 2002

© Australian Capital Territory 2007

Australian Capital Territory

A1905-8

Republication No 6

Effective: 28 March 2007

Republication date: 28 March 2007

As repealed by A2006-38 s 507





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Forfeiture and Validation of Leases Act 1905 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 28 March 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Forfeiture and Validation of Leases Act 1905 (repealed)

Endnotes

Australian Capital Territory

Forfeiture and Validation of Leases Act 1905 (repealed)