Document ID: chunk:federal_register_of_legislation:C2024C00794:section:19a:p5
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 19A (pt 5/6)
Character Range: 129436–132119

the purposes of subsections (11B) to (11F), at the time the new lease takes effect, those terms are taken to have been modified so that the right, title, interest or thing is contingent on the existence of the new lease.
 (11GA) Despite subsections (11B), (11F) and (11G), a right, title or interest that relates to the relevant land mentioned in subsection (11B) and was granted under a lease (a Director‑JTDA lease) of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to have effect at the earlier of the following times (or either of them if they are the same):
 (a) the time the Director‑JTDA lease that ceases to exist because of subsection 12(2AB) would have expired if it had not ceased to exist under subsection 12(2AB);
 (b) the time the right, title or interest would have expired had the Director‑JTDA lease not ceased to exist under subsection 12(2AB).
 (11GB) Subsection (11GA) does not prevent the right, title or interest from ceasing to have effect according to its terms (as affected by subsections (11F) and (11G)) before the time worked out under subsection (11GA).
Example: The right, title or interest may be surrendered or terminated in accordance with those terms before that time.
 (11H) Before making a legislative instrument under paragraph (11B)(e), the Minister must consult the Land Council for the area in which the relevant land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.
 (11J) If the Minister makes a legislative instrument under paragraph (11B)(e), the Minister must give a copy of the instrument to the Land Council for the area in which the relevant land is situated.
 (12) If:
 (a) subsection (11) or (11F) applies in relation to a right, title, interest or thing; and
 (b) the lease is transferred in accordance with this section; and
 (c) the right, title, interest or thing existed immediately before the time the transfer takes effect;
then, at that time, the right, title, interest or thing has effect as if it were granted by the transferee on the same terms and conditions as existed immediately before that time.

Subleases
 (13) This section does not prevent a sublease of a lease granted under this section.
 (14) A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease.
 (15) A lease granted under this section must not contain any provision relating to the payment of rent, or the non‑payment of rent, in relation to a sublease of the lease.
 (16) The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989)