Document ID: chunk:federal_register_of_legislation:C2024C00450:section:117
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 117
Character Range: 125564–127181

117  Disposals to be in accordance with Part
 (1) An acquiring authority shall not dispose of an interest in land otherwise than in accordance with this Part unless:
 (a) because of subsection 5(2), (2A) or (3), this Act does not apply in relation to the disposal;
 (b) the regulations provide that this Act does not apply in relation to the disposal, by the acquiring authority, of interests in land in specified circumstances and the disposal is a disposal in those circumstances;
 (c) the disposal is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first‑mentioned law has effect despite anything contained in this Act;
 (d) the disposal is effected by a law of the Commonwealth; or
 (e) the disposal results from the exercise by the acquiring authority of powers conferred by a mortgage, charge or other similar security over the interest.
 (2) Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.
 (3) The Minister must not fix a date for the purpose of subsection (2) that is earlier than:
 (a) the last day on which a notice could be given under subsection 42(1) of the Legislation Act 2003 in relation to the regulations; or
 (b) if such a notice is given, the latest day on which the regulations could be disallowed by a House of the Parliament in which such a notice has been given.