Transfer of assets to DHA
60 Transfer of assets to DHA
The Minister, or the occupant of a designated position in the Department, may:
direct, in writing, that land that is owned by the Commonwealth is to be transferred to DHA;
make available to DHA land and houses that are owned or held under lease by the Commonwealth or a State or Territory; and
may cause any plant, machinery, equipment or other goods that are owned by the Commonwealth to be transferred to DHA.
Where the Minister, or the occupant of a designated position in the Department, directs under subsection (1) that land owned by the Commonwealth is to be transferred to DHA, the land (including all rights, title and interests in the land), together with any buildings or structures on the land, is vested in DHA without any conveyance, transfer or assignment.
Where:
land vests in DHA under this section; and
a certificate that:
is signed by an officer of the Attorney‑General’s Department authorised in writing by the Secretary of that Department to give such certificates;
identifies the land, whether by reference to a map or otherwise; and
states that the land is vested in DHA under this section;
is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;
the officer with whom the certificate is lodged may:
register the vesting in like manner to the manner in which dealings in land are registered; and
may deal with, and give effect to, the certificate;
as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) to DHA that had been duly executed under the laws in force in the State or Territory.
Where, under subsection (1), the Minister, or the occupant of a designated position in the Department, makes land or houses available to DHA, the Minister, or the occupant of a designated position in the Department, may:
give directions, in writing, to DHA with respect to its management and control of the land or houses; and
determine, in writing, the period for which the land is, or the houses are, made available to DHA.
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