Australian Capital Territory Repealed Acts

This legislation has been repealed.

RATES AND LAND TAX ACT 1926 (REPEALED) - SECT 18

    (1)     If rates payable in relation to a parcel of rateable land that is unoccupied, and any interest payable in relation to the rates, are not paid within 30 days after a declaration is made in relation to the rates under section 17, the commissioner may—

        (a)     take possession of the land; and

        (b)     hold the land against anyone; and

        (c)     lease the land for not longer than 7 years.

    (2)     The commissioner, after so taking possession of the land, shall keep accounts—

        (a)     of the rents and other moneys received by the Territory in relation to the land, and the expenses of and incidental to the letting and collection of the rents and moneys in relation to the land; and

        (b)     of the rates, any interest payable in relation to those rates and any other sums due to the Territory in relation to the land.

    (3)     The rents and moneys so received shall be applied in defraying the expenses necessarily incurred by the commissioner in executing the lease, in collecting the rents and moneys, and in paying the rates, any interest payable in relation to those rates and any other expenses due in relation to the land.

    (4)     The residue (if any) of the rents and moneys shall belong to the person or persons who would, when the same were respectively received, have been entitled to receive the rents and profits of the land if it had not been taken possession of by the commissioner.

    (5)     Within 16 years, unless the land is sooner sold under section 19, after the land has been so taken possession of by the commissioner, any person who, apart from this Act, would be entitled to the land, may inspect the accounts kept under this section, and may require the commissioner, on payment of the balance (if any) due to the Territory, to put him or her in possession of the land, subject to any lease lawfully made by the commissioner under this Act.

    (6)     The commissioner shall comply with the requirement, and, if the balance is on the accounts against the Territory, shall pay the balance to the person.

    (7)     Unless some person within 16 years so requires the commissioner to put him or her in possession of the land, and unless the land is sooner sold under section 19, at the end of that period—

        (a)     the land shall vest absolutely in the Commonwealth; and

        (b)     the rents and moneys received by the Territory in relation to that land shall vest in the Territory.