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LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 117
Disposals to be in accordance with Part
117. (1) An acquiring authority shall not dispose of an interest in land
otherwise than in accordance with this Part unless:
(a) because of subsection 5 (2) or (3), this Act does not apply in
relation to the disposal;
(b) the regulations provide that this Act does not apply in relation to
the disposal, by the acquiring authority, of interests in land in
specified circumstances and the disposal is a disposal in those
circumstances;
(c) the disposal is authorised by a law of the Commonwealth (including a
law passed or made after the commencement of this Act) and that law,
or another law of the Commonwealth, expressly provides that the
first-mentioned law has effect despite anything contained in this Act;
(d) the disposal is effected by a law of the Commonwealth; or
(e) the disposal results from the exercise by the acquiring authority of
powers conferred by a mortgage, charge or other similar security over
the interest.
(2) In spite of paragraph 48 (1) (b) of the Acts Interpretation Act 1901,
regulations made for the purpose of paragraph (1) (b) of this section may
provide that the regulations shall take effect on a date to be fixed by the
Minister by notice published in the Gazette.
(3) The Minister shall not fix a date for the purpose of subsection (2) that
is earlier than:
(a) the last day on which a notice could be given under subsection 48 (4)
of the Acts Interpretation Act 1901 in relation to the regulations; or
(b) if such a notice is given, the latest day on which the regulations
could be disallowed by a House of the Parliament in which such a
notice has been given.
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