Continuing liability for payment of deferred charges to be a charge on the land
46 Continuing liability for payment of deferred charges to be a charge on the land
Where deferment of the liability for the payment of any prescribed charges has been or is allowed and those charges remain unpaid, those charges in so far as they remain unpaid are by force of this Act a charge on the land ranking equally with any other charge on that land created by an Act, and before any other kind of charge on that land, subject to subsections (2) and (3).
Where deferment of the liability for the payment of any prescribed charges has been or is allowed and those charges remain unpaid, if the land to which the liability relates is land which was or is —
land subject to the provisions of —
the State Housing Act 1946 5; or
the Housing Act 1980;
or
land the subject of a scheme relating to housing —
entered into between the Commonwealth and the State; or
administered or managed by the Housing Authority,
any amount owing under those Acts or such a scheme to the Housing Authority has priority over any amount owing arising out of the deferment of prescribed charges payable on that land.
Any amount owing to the Defence Homes Corporation under the Commonwealth Act known as the Defence Service Homes Act 1918 in respect of land subject to that Commonwealth Act has priority over any amount owing arising out of the deferment of prescribed charges payable on that land.
[Section 46 amended: No. 28 of 2006 s. 432.]
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