Australian Capital Territory Current Acts

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LAND TITLES ACT 1925 - SECT 100A

Right of Territory if determination revoked and amount secured not paid

    (1)     Where—

        (a)     a determination under the Rates and Land Rent (Relief) Act 1970

, section 3 has been revoked under that Act, section 9, 12 or 13;

        (b)     the amount of the payment of which is secured by section 108B has not been paid in full to the Territory; and

        (c)     a memorandum of discharge under the Rates and Land Rent (Relief) Act 1970

has not been presented to the registrar-general for registration under this Act;

the Territory shall be deemed to have, on and after the date on which default has been made in the payment of the whole or part of the amount referred to in paragraph (b), the rights that it would have had under sections 93 (2), 94, 96, 97, 99 and 100 if—

        (d)     the notice of the determination had been a mortgage by the registered proprietor of the land referred to in the notice securing the payment to the Territory of the amount referred to in paragraph (b) and registered on the date of registration of the notice; and

        (e)     the amount were the principal sum secured by the mortgage; and

        (f)     the default in the payment of the whole or part of the amount referred to in paragraph (b) were default in the payment of the principal sum or part of the principal sum secured by the mortgage.

    (2)     Sections 93 (2) and 94 to 100 apply to and in relation to the exercise by the Territory of the rights that it is to be deemed to have under subsection (1) to the same extent and in the same manner as if the Territory were the mortgagee under a mortgage referred to in subsection (1) (d).

    (3)     For subsection (1), default shall be deemed to have been made in the payment of—

        (a)     the whole of the amount referred to in subsection (1) (b) if an amount equal to that amount has not been paid to the Territory within 1 month after the date on which such an amount has become payable under the Rates and Land Rent (Relief) Act 1970

, section 15 (1); and

        (b)     part of the amount referred to in subsection (1) (b) if an amount equal to that part has not been paid to the Territory within 1 month after the date on which such an amount has become payable to the Territory under that Act, section 15 (2) or (3).



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