Document ID: chunk:federal_register_of_legislation:F2022L00470:reg:23
Version: federal_register_of_legislation:F2022L00470
Segment Type: reg
Provision Reference: reg 23
Character Range: 36638–38550

23  Consent to dealings in Division 4 leases

Dealing in a Division 4 lease without consent
 (1) Subject to subsection (2), a dealing in a Division 4 lease that is made or entered into without the written consent of the Minister has no effect.
 (2) Subsection (1) only applies during the restricted period for the Division 4 lease.
Note: For the meaning of restricted period in relation to a Division 4 lease, see subsection 22(1).

Application for consent to a dealing
 (3) A lessee or other party to a proposed dealing (the applicant) may apply to the Minister for consent to a dealing in a Division 4 lease.
 (4) The application must be accompanied by the prescribed fee (if any).

Decision about consent
 (5) On an application, the Minister may do one of the following:
 (a) consent to the dealing unconditionally;
 (b) consent to the dealing subject to reasonable conditions;
 (c) refuse consent to the dealing.
 (6) The Minister must not consent to a dealing in a Division 4 lease unless the Minister is satisfied that:
 (a) if the lease is one in relation to which eligibility for the grant of the lease is restricted to a class of people—the person proposed to be the lessee, after the dealing, is a member of that class; and
 (b) if the lease contains a building and development provision—the person proposed to be the lessee after the dealing gives to the Minister such security (if any) as the Minister requires for compliance with the building and development provision; and
 (c) in any case—the person proposed to be the lessee after the dealing has the ability to carry out the terms, conditions and covenants of the lease.
 (7) The validity of a dealing in a Division 4 lease made or entered into with the consent of the Minister is not affected:
 (a) by a defect or irregularity in relation to the giving of the consent; or
 (b) because a ground, or all grounds, for the consent had not arisen.