Commonwealth Numbered Acts

LANDS ACQUISITION LEGISLATION AMENDMENT ACT 2008 (NO. 82, 2008) - SCHEDULE 3

Lands Acquisition Act 1989

1  After subsection 5(2)

Insert:

          (2A)  If a provision referred to in section 18B of the Cocos (Keeling) Islands Act 1955 is in operation, this Act does not apply to anything dealt with by the provision.

2  Paragraph 21(1)(a)

After "5(2)", insert ", (2A)".

3  Subsection 40(3)

Omit "The", substitute "Subject to subsection (3A), the".

4  After subsection 40(3)

Insert:

          (3A)  Subsection (3) does not apply to an agreement for the acquisition of an interest that is available in the market.

5  Application

The amendments made by items 3 and 4 apply to an acquisition by agreement of an interest in land if the acquisition is made after the commencement of those items.

6  Paragraph 117(1)(a)

After "5(2)", insert ", (2A)".

7  Subsection 122(3)

Omit "Attorney‑General" (wherever occurring), substitute "Minister".

8  Subsection 138(1)

Omit all the words after "interest", substitute:

                   in land:

                     (a)  of the Attorney‑General or of a delegate of the Attorney‑General, if the signature purports to be witnessed by an officer of the Attorney‑General's Department; or

                     (b)  of the Minister or of a delegate of the Minister, if the signature purports to be witnessed by an officer of the Minister's Department.

9  Subsection 138(2)

After "Attorney‑General,", insert "Minister,".

10  Section 140

Omit "$1,000", substitute "50 penalty units".