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COMMONWEALTHAct
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s 116

Federal Court may approve certain acts

In force
Part IXPersons with limited powers to deal with interests in land

116 Federal Court may approve certain acts

(1)

Where:

(a)

an acquiring authority wishes to acquire an interest in land from a person by agreement; and

(b)

but for this subsection, the person would not have the capacity or power to enter into or carry out such an agreement;

the person may, with the approval of the Federal Court, enter into and carry out such an agreement.

(2)

Where:

(a)

an interest in land has been acquired from a person by compulsory process; and

(b)

but for this subsection, the person would not have the capacity or power to do something in connection with compensation in respect of the acquisition;

the person may, with the approval of the Court, do the thing.

(3)

Where, under subsection (1) or (2), the Court gives its approval to a person entering into an agreement, or doing something in connection with compensation, amounts payable under the agreement, or by way of compensation, shall be:

(a)

paid to a trustee appointed by the Court, subject to such trusts as the Court directs; or

(b)

otherwise applied in accordance with the directions of the Court.

(4)

This section has effect despite any law, deed, will, memorandum or articles of association or other instrument.

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