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COMMONWEALTHAct
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s 6

Definitions

In force
Part IIInterpretation

6 Definitions

In this Act, unless the contrary intention appears:

Account means the Lands Acquisition Account continued in existence by section 89A.

acquiring authority means:

(a)

the Commonwealth; or

(b)

a Commonwealth authority.

Australia includes the external Territories.

authorised person has the meaning given by section 7.

authority does not include:

(a)

a body politic;

(b)

an incorporated association or society;

(c)

an incorporated company; or

(d)

a body of trustees.

Commonwealth authority means an authority:

(a)

that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than:

(i)

an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;

(ii)

a law of the Northern Territory; and

(b)

that is not declared by the regulations to be an exempt authority.

compensation claim form means a form approved by the Minister for the purposes of subsection 67(2).

Court or Federal Court means the Federal Court of Australia.

Crown land means land the property of the Commonwealth, a State or a Territory.

dispose includes grant or create.

interest, in relation to land (including overseas land), means:

(a)

any legal or equitable estate or interest in the land;

(b)

a restriction on the use of the land, whether or not annexed to other land; or

(c)

any other right (including a right under an option and a right of redemption), charge, power or privilege over or in connection with the land or an interest in the land;

and includes the interest of the Commonwealth, a State or a Territory in Crown land.

land means land in Australia.

mortgage means a security over an interest in land (including overseas land) securing the payment or repayment of money.

mortgagee, in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage.

mortgage interest means the interest in land of a mortgagee under a mortgage.

mortgagor, in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage.

overseas land means land outside Australia.

planning instrument means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land.

pre‑acquisition declaration means a declaration under subsection 22(1).

public park means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation.

public purpose means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory.

Tribunal means the Administrative Review Tribunal.

unreviewable pre‑acquisition declaration means a pre‑acquisition declaration that includes a statement under subsection 22(6).

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