Northern Territory Numbered Acts Northern Territory Numbered ActsSections 67 and 68
repeal , insert
(1) A person commits an offence if:
(a) the person intentionally enters into a lease transaction; and
(b) the Minister does not consent to the transaction.
Maximum penalty: For an individual – 40 penalty units.
For a body corporate – 650 penalty units.
(2) Strict liability applies to subsection (1)(b).
(1) An application for consent to a lease transaction must be made in writing by the lessee or sublessee to the Minister.
(2) Before deciding an application under subsection (1), the Minister may refer it to the Board for consideration and recommendation, and the Board must report to the Minister within 30 days after the referral is made.
Note for subsection (2)
Section 35(6) imposes a restriction on the Minister's power to refer an application to the Board .
(3) The Minister must, after considering any recommendations of the Board, but subject to subsections (4) and (5) and section 35(6), by written notice to the lessee, consent or refuse to consent to the lease transaction.
(4) The Minister must not consent to a lease transaction that is the transfer of a lease until the following amounts have been paid in full:
(a) all instalments of the purchase price for the grant of the lease;
(b) all rent and other money due and payable to the Territory under the lease.
(5) The Minister must not consent to a lease transaction that is a sublease unless it is a condition of the agreement that the land will be used only for:
(a) pastoral purposes; or
(b) the purposes of the Territory; or
(c) a non-pastoral purpose for which a permit has been granted under section 88 and which will remain valid for the duration of the sublease; or
(d) a purpose prescribed by regulation.