Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_23f
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 23F
Character Range: 27280–28796

23F  Previous non‑exclusive possession act

 (1) This section defines previous non‑exclusive possession act.

Acts on or before 23.12.96

 (2) An act is a previous non‑exclusive possession act if:
 (a) it is valid (including because of Division 2 or 2A of Part 2); and

Note: As at the commencement of this section, acts such as grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.
 (b) it takes place on or before 23 December 1996; and
 (c) it consists of the grant of a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B).

Acts after 23.12.96

 (3) An act is also a previous non‑exclusive possession act if:
 (a) it takes place after 23 December 1996; and
 (b) it would be a previous non‑exclusive possession act under subsection (2) if that subsection were not limited in its application to acts taking place on or before 23 December 1996; and
 (c) it takes place:
 (i) in exercise of a legally enforceable right created by any act done on or before 23 December 1996; or
 (ii) in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made.

Exclusion by regulation

 (4) The regulations may provide that an act is not a previous non‑exclusive possession act.