Document ID: chunk:federal_register_of_legislation:F2006C00309:body:0:p5
Version: federal_register_of_legislation:F2006C00309
Segment Type: other
Provision Reference: 
Character Range: 9824–12417

section shall be in writing.

10 Method of determining leases

 (1) Where the Commonwealth:
 (a) may, under any law in force in the Territory, or any provision of a lease, determine a lease; or
 (b) has a right of re‑entry or forfeiture for a breach of any covenant or condition of a lease,
the Administrator may by notice served on the lessee determine the lease.

 (2) A notice under subsection (1) may be in accordance with Form 1 and shall state that the lessee is required to deliver up possession of the premises the subject of the lease to the Commonwealth before the date specified in the notice.

 (3) Where a lease is determined:
 (a) in accordance with a provision of the lease; or
 (b) by effluxion of time,
and the lessee remains in occupation of the premises the subject of the lease, the Commonwealth may, by notice in writing to the lessee, require the lessee to deliver up possession of the premises to the Commonwealth.

 (4) A notice under subsection (3) shall be in accordance with Form 2.

11 Warrant of ejectment

 (1) Where a lease of premises has been determined pursuant to section 10, and the lessee or any person apparently in occupation or possession of the premises fails to deliver up possession to the Commonwealth within the time specified in a notice under subsection (1) or (3) of that section, the Administrator may apply to a Special Magistrate sitting as a Magistrate's Court having jurisdiction in the Territory for the issue by the Special Magistrate of a warrant authorizing any member of the Christmas Island Police Force, within a period of not more than 30 days after the date of the warrant, to enter on the premises with such force, and with such assistance, as is necessary and reasonable and take possession of the premises for the Commonwealth.

 (2) Where the Administrator intends to make an application for a warrant under subsection (1), the Administrator shall cause to be served on the lessee or other person referred to in that subsection a notice of intention of the Administrator to make an application for a warrant under subsection (1).

 (3) A notice under subsection (2) shall be in accordance with Form 3 and shall be served on the lessee or other person referred to in that subsection not less than 14 days before the date specified in the notice as the date on which the application may be made.

 (4) A notice under subsection (2) may be incorporated with a notice determining a lease or requiring the lessee or other person referred to in that subsection to deliver up possession of the premises.

 (5) A warrant issued under