Leases Ordinance 1992 (Jervis Bay Territory)

This section applies to a lease, licence or other arrangement (a relevant lease) involving land in the Territory if the relevant lease:

is a residential tenancy agreement to which the ACT Residential Tenancies Act applies; and

was not granted under subsection 5(1) of this Ordinance; and

is a lease, licence or other arrangement in which the Commonwealth, or a person on behalf of the Commonwealth, is:

the lessor (other than a sublessor); or

the licensor (other than a sublicensor); or

the grantor of a right or permission to possess, occupy or use land that is owned by the Commonwealth.

The ACT Residential Tenancies Act applies in relation to the relevant lease as if:

a reference in section 35 of that Act to the ACAT were a reference to a court of competent jurisdiction; and

a reference in clauses 84, 90, 92 and 93 of Schedule 1 to that Act to the tribunal were a reference to a court of competent jurisdiction.

Note 1: The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine Commonwealth tenancy disputes between the parties to a relevant lease (see section 133 of the Federal Circuit and Family Court of Australia Act 2021).

Note 2: Each court of the Australian Capital Territory also has jurisdiction in and in relation to the Territory (see section 4D of the Jervis Bay Territory Acceptance Act 1915).

In this section:

ACT Residential Tenancies Act means the Residential Tenancies Act 1997 (ACT), as in force in the Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915.