Aboriginal Land Act 1991

This section applies if the notice under section 127(3) states the dwelling is a social housing dwelling.

Before the lease is granted, the lessor must decide the price of the dwelling—

by agreement with the housing chief executive; or

by using a methodology agreed between the lessor and the housing chief executive.

The consideration payable for the lease must include, as a lump sum payment, an amount equal to the price of the dwelling decided under subsection (2).

The lessor may grant the lease only if—

the housing chief executive has given written approval that the grant may include the sale of the dwelling; and

the amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.

In considering whether to give the approval mentioned in subsection (4)(a), the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.

If the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive—

a notice stating—

the day the lease was registered; and

the names of the parties to the lease; and

evidence showing the consideration for the lease under subsection (3) and section 126(1)(b) has been paid to the lessor.

Note—An amount paid under subsection (3) for the price of a dwelling must be used by the lessor as required under section 288.