{"id":"nsw:act-1945-032","name":"Governor General’s Residence (Grant) Act 1945","slug":"governor-general-s-residence-grant-act-1945","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"32 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111406,"registerId":"nsw-act-1945-032-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Governor General’s Residence (Grant) Act 1945](/view/html/inforce/current/act-1945-032).","sortOrder":0},{"sectionNumber":"1A","sectionType":"section","heading":"Definitions","content":"#### 1A Definitions\n\n1A Definitions\n\n> In this Act:\n> \n> Admiralty House Crown Grant means the Crown Grant registered Volume 5913, Folio 167 that was authorised to be granted by section 3, as in force before the commencement of the [Governor General’s Residence (Grant) Amendment Act 2006](/view/html/repealed/current/act-2006-003).\n> \n> exclusive residence condition means the condition inserted in the Admiralty House Crown Grant in pursuance of section 3 (2) (a) requiring the land comprised in the grant to be used “exclusively as and for the official residence in Sydney of Our Governor General of Our Commonwealth of Australia and for no other purpose whatsoever”.\n> \n> **s 1A:** Ins 2006 No 3, Sch 1 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Vesting of land in His Majesty","content":"#### 2 Vesting of land in His Majesty\n\n2 Vesting of land in His Majesty\n\n> For the purposes of this Act there is hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales (subject as hereinafter provided) the land described in the Schedule to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority to make grant to Commonwealth","content":"#### 3 Authority to make grant to Commonwealth\n\n3 Authority to make grant to Commonwealth\n\n> > (1) The Governor is hereby authorised by Crown Grant to grant subject to the provisions hereinafter contained the land described in the Schedule to this Act to the Commonwealth of Australia in fee simple to be used exclusively as and for the official residence in Sydney of the Governor General of the Commonwealth and for no other purpose.\n> \n> > (2) Such Crown Grant shall provide in such form as the Governor may direct:\n> > \n> > > (a) for the user of the said land solely for the purpose aforesaid,\n> > \n> > > (b) for prohibiting any alienation encumbrance lease or disposition of any part of the said land,\n> > \n> > > (c) for the reservation and exception from the Crown Grant of all mines of coal lying at a greater depth than fifty feet from the surface of the said land with liberty to persons authorised by the Governor to enter and remove the same,\n> > \n> > > (d) that upon any breach of any of the provisions of the Crown Grant with respect to the user of the said land or with respect to the prohibition of any alienation encumbrance lease or disposition of any part of the said land (and notwithstanding any failure or neglect to forfeit the land or avoid the Crown Grant on any previous or other breach of any or all of such provisions and notwithstanding any waiver of any or all of such breaches) the Governor shall have full power and authority (by notification in the Gazette or by a notice in writing given to the Prime Minister of the Commonwealth or the person for the time being acting in his place) to forfeit the said land to His Majesty His Heirs and Successors in right of the State of New South Wales and to avoid the said Crown Grant and thereupon the said land shall become forfeited to His Majesty His Heirs and Successors accordingly and the said Crown Grant shall become absolutely void,\n> > \n> > > (e) that any notification by the Governor in the Gazette or notice in writing referred to in paragraph (d) of this subsection forfeiting the said land to His Majesty His Heirs and Successors in right of the State of New South Wales and avoiding the said Crown Grant shall be sufficient evidence of such forfeiture and avoidance and shall be prima facie evidence of such a breach of the provision of the Crown Grant referred to in the notification or notice as entitled the Governor so to forfeit the said land and avoid the Crown Grant,\n> > \n> > > (f) that the provisions inserted in the Crown Grant in pursuance of paragraph (a) or (b) of this subsection shall in addition to being read and construed as conditions of the Grant be also read and construed as covenants and agreements whereby the Commonwealth agrees with His Majesty His Heirs and Successors in right of the State of New South Wales to observe and perform the said provisions,\n> > \n> > > (g) for the acceptance of the said Crown Grant by the Governor General of the Commonwealth on behalf of the Commonwealth.\n> \n> > (3) It shall be a term of the issue of the said Crown Grant that:\n> > \n> > > (a) the Commonwealth pay to the Colonial Treasurer of the State of New South Wales on behalf of that State the sum of thirty-four pounds being the costs of the survey of the said land and the sum of two pounds two shillings being the deed fee for issue of the said Crown Grant,\n> > \n> > > (b) as against His Majesty His Heirs and Successors in right of the State of New South Wales no objection shall be taken or raised by the Commonwealth on the grant of the said land to or on account of all or any encroachments by or upon the said land.\n> \n> > (4) References in this Act to the Governor General of the Commonwealth extend and apply to such person as His Majesty shall appoint to administer the Government of the Commonwealth whilst so acting.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Agreement of 26th August, 1914","content":"#### 4 Agreement of 26th August, 1914\n\n4 Agreement of 26th August, 1914\n\n> Notwithstanding sections two and three of this Act the rights and obligations created by the Agreement dated the 26th August, 1914, referred to in the Preamble to this Act shall continue to apply to and with respect to the land described in the Schedule to this Act so far as the same may remain in force or be of effect.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Vesting of land in His Majesty","content":"#### 5 Vesting of land in His Majesty\n\n5 Vesting of land in His Majesty\n\n> > (1) The parts of the land comprised in the abovementioned Crown Grant registered Volume 199, Folio 242, not included in the land described in the Schedule to this Act are hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales and such Crown Grant shall as regards such parts of the land comprised therein be cancelled.\n> \n> > (2) The land comprised in Crown Grant registered under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), Volume 199, Folio 243, dated the 16th January, 1875, standing in the name of His Majesty is hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales and such Crown Grant shall be cancelled.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Variation of Admiralty House Crown Grant","content":"#### 5A Variation of Admiralty House Crown Grant\n\n5A Variation of Admiralty House Crown Grant\n\n> The State and the Commonwealth may agree to vary the terms of the Admiralty House Crown Grant so as to omit the exclusive residence condition and replace it with the following conditions:\n> \n> The land comprised in the Admiralty House Crown Grant is to be used primarily for the purpose of the Governor General’s official residence in Sydney.\n> \n> So long as the land is primarily so used, it is permitted, at the discretion of the Governor General, to be used from time to time for any charitable, educational or other public purpose, including (without limitation) the making of programs or material for dissemination to the public (such as the production of television or radio programs).\n> \n> **s 5A:** Ins 2006 No 3, Sch 1 \\[2\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Power to Registrar General to alter register book","content":"#### 6 Power to Registrar General to alter register book\n\n6 Power to Registrar General to alter register book\n\n> > (1) The Registrar General is authorised to make such entries cancellations and corrections with respect to the register book under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) and the Certificates of Title and Crown Grants therein and the duplicates thereof as may be advisable to give full effect to this Act.\n> \n> > (2) Without limiting subsection (1), the Registrar General is authorised to make any such entry, cancellation or correction as may be advisable for the purpose of giving effect to an agreement under section 5A to permit the land comprised in the Admiralty House Crown Grant to be used for the agreed additional purposes instead of being used exclusively for the purpose set out in the exclusive residence condition.\n> \n> **s 6:** Am 2006 No 3, Sch 1 \\[3\\].","sortOrder":7},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nThe Schedule\n\nALL THAT piece or parcel of land containing an area of about 4 acres 0 roods 34 and ⅓rd perches situate in the Municipality of North Sydney, Parish of Willoughby, County of Cumberland and State of New South Wales within the following boundaries:\n\n> COMMENCING on the southern side of Kirribilli Avenue at the north-eastern corner of Lot 6 in Plan No 13064 deposited in the office of the Registrar General and bounded thence on the west by the eastern boundaries of Lots 6, 12, 18 and 19 in that plan bearing 185 degrees 9 minutes 10 seconds 436 feet 10 inches to an existing mark ↑ on rock on the said boundary of Lot 19 aforesaid and bounded thence by a right line bearing 103 degrees 20 minutes 7 feet 7¾ inches to the western face of a retaining wall, again on the west by that face of that wall being a right line bearing 183 degrees 7 minutes 32 feet 4 inches, thence generally on the south by the southern face of a retaining wall being right lines bearing 123 degrees 19 feet 10 inches, 128 degrees 40 minutes 24 feet 8 inches, 116 degrees 47 minutes 25 feet 8¾ inches, 79 degrees 5 feet 9 inches, 51 degrees 30 minutes 6 feet 4½ inches, 24 degrees 20 minutes 14 feet 9 inches, 9 degrees 15 minutes 14 feet 1¾ inches, 117 degrees 19 minutes 16 feet 2 inches, 193 degrees 17 minutes 20 feet 4 inches, 117 degrees 22 minutes 11 feet 5 inches, 190 degrees 25 minutes 14 feet 7¼ inches, 146 degrees 57 minutes 15 feet 4¼ inches, 86 degrees 48 minutes 27 feet 9¼ inches and bounded thence by a right line bearing 125 degrees 32 minutes 14 feet 8¼ inches to the southern face of a retaining wall, thence by that face of that wall being a right line bearing 115 degrees 34 minutes 18 feet 9 inches and bounded thence by right lines bearing 204 degrees 15 minutes 10 feet 5¼ inches, 113 degrees 53 minutes 18 feet to the southern face of a retaining wall, thence by that face of that wall being a right line bearing 115 degrees 48 minutes 22 feet 4 inches, thence by the mean high water mark of Port Jackson generally easterly, northerly and north-easterly, to the south-eastern corner of an area of 1 acre 20 perches acquired by the Commonwealth by Notification in the Commonwealth Government Gazette of the 17th January, 1920, thence by the south-western boundary of that land being lines bearing 272 degrees 30 minutes 128 feet 292 degrees 2 minutes 120 feet, 320 degrees 58 minutes 60 feet and 345 degrees 30 minutes 69 feet 7 inches to the southern side of Kirribilli Avenue aforesaid, and thence by the southern side of that Avenue bearing 263 degrees 177 feet 4 inches to the point of commencement, and the references hereinbefore to right lines as boundaries of the said land mean that such lines alone (and not the high water mark) form and shall be the boundaries thereof.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act originally required the land to be used \"exclusively\" as the Governor‑General’s Sydney residence (exclusive residence condition). The 2006 amendment (s5A) permits the State and Commonwealth, by agreement, to replace that exclusive‑use condition with a requirement that the land be used primarily as the residence and allows discretionary use for charitable, educational or other public purposes. Implementation requires agreement between the State and Commonwealth and Registrar General title amendments (s5A; s6(2))."},"complexity_factors":["Conditional Crown Grant with dual character (conditions read as covenants) creating ongoing obligations on the Commonwealth (s3(2)(a),(f)).","Forfeiture mechanism that can be triggered by Governor’s Gazette notice or written notice to the Prime Minister; such notice is prima facie evidence of breach (s3(2)(d),(e)).","Specific monetary obligations on the Commonwealth for survey and deed fees (s3(3)(a)) — a direct who‑pays point.","Reservation of deep coal rights to the State with entry liberty for authorised persons (s3(2)(c)) — creates retained mineral interests and potential access rights.","Interaction with an earlier Agreement (26 August 1914) preserved by the Act, adding an external contractual layer to property rights (s4).","Post‑2006 variation route allowing State and Commonwealth to replace the strict exclusive‑use condition with a primary‑use standard and discretionary public uses (s5A) — increases executive discretion and requires bilateral agreement.","Registrar General empowered to amend land title records to give effect to the Act and any s5A agreement, creating administrative implementation dependence (s6(1),(2)).","Cadastral and descriptive complexity in the Schedule defining the land boundaries, which affects exact scope of property rights and enforcement (Schedule).","Title cancellations and vesting provisions for adjacent parcels alter existing grants and require coordination in land administration (s5(1),(2)).","References extending the term 'Governor‑General' to acting administrators may affect who can accept or exercise rights under the grant (s3(4))."],"plain_english_summary":"This Act vests a specified Sydney property in the Crown in right of New South Wales and authorises a Crown Grant to the Commonwealth in fee simple for use as the Governor‑General’s official Sydney residence, with conditions, prohibitions and a forfeiture procedure. A later amendment permits the State and Commonwealth to agree to change the exclusive‑use requirement so the land may be used primarily as the residence and, at the Governor‑General’s discretion, for charitable, educational or other public purposes."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation has remained focused on its original purpose: governing the grant and use of Admiralty House as the Governor-General's Sydney residence. The 2006 amendment slightly expanded permitted uses but did not fundamentally alter the scope — it remains a specific property management statute."},"complexity_factors":["Short statute (only 6 substantive sections plus Schedule)","Minimal defined terms (only 2 definitions in s 1A)","Straightforward conditional logic (primarily in s 3(2) setting out grant conditions)","Some archaic language ('His Majesty His Heirs and Successors', 'fee simple', 'alienation encumbrance') but meaning is clear in context","Single amendment (2006) that adds flexibility without complex cross-referencing","Schedule contains detailed land description with bearings and measurements (standard for property legislation but not legally complex)"],"plain_english_summary":"This law deals with **Admiralty House** in Sydney — the official residence of the Governor-General of Australia when they're in Sydney (the other official residence is Government House in Canberra).\n\n**What it does:**\n- **Originally (1945):** The New South Wales government gave (\"granted\") the land for Admiralty House to the Commonwealth of Australia, but with very strict rules. The land could **only** be used as the Governor-General's official residence — nothing else. If the Commonwealth tried to sell, lease, or use the land for any other purpose, NSW could take it back immediately.\n- **2006 update:** The law was changed to allow more flexible use. While the property must still be **primarily** used as the Governor-General's residence, it can now also be used for **charitable, educational, or public purposes** — including filming TV or radio programs. This change required agreement between NSW and the Commonwealth.\n\n**Who it affects:**\n- The Governor-General (who lives there)\n- The Commonwealth government (which owns the land)\n- The NSW government (which retains some control through the original grant conditions)\n\n**Why it matters:**\nThis law ensures that one of Australia's most historic vice-regal residences stays under proper stewardship while allowing practical modern uses. The 2006 amendment recognised that a residence sitting empty when the Governor-General isn't in Sydney was wasteful, and allowed it to serve public purposes while maintaining its primary official function."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have retained its original narrow scope as a one-time property grant instrument. The 2006 update appears to have been a minor administrative amendment (likely a statute law revision or terminology update) rather than a substantive expansion or contraction of the Act's purpose. There is no evidence the scope changed from its original intent of facilitating a specific property transfer."},"complexity_factors":["The actual operative text of the Act is not included in the provided document — only website metadata is visible, limiting full analysis","The Act appears to be a simple, single-purpose grant of property with no ongoing regulatory framework","It is a historical 1945 Act with minimal amendments (only one update in 2006), suggesting it contains very few moving parts","Intergovernmental property transactions can involve constitutional considerations (e.g. Commonwealth/State relations under the Australian Constitution), adding a minor layer of complexity","The absence of content means any complexity assessment is inherently uncertain"],"plain_english_summary":"This short 1945 NSW Act authorised the transfer of a specific parcel of state land to the Commonwealth to serve as the Governor‑General’s official Sydney residence. It was a one‑off administrative measure tied to a particular property transaction and, apart from its historical interest, affects virtually nobody today. The Act remains technically on the books but has no practical impact for ordinary citizens."}},"importantCases":[],"_links":{"self":"/api/acts/governor-general-s-residence-grant-act-1945","history":"/api/acts/governor-general-s-residence-grant-act-1945/history","analysis":"/api/acts/governor-general-s-residence-grant-act-1945/analysis","conflicts":"/api/acts/governor-general-s-residence-grant-act-1945/conflicts","importantCases":"/api/acts/governor-general-s-residence-grant-act-1945/important-cases","documents":"/api/acts/governor-general-s-residence-grant-act-1945/documents"}}