{"id":"C2023A00019","name":"Home Affairs Act 2023","slug":"home-affairs-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"19 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436370,"registerId":"C2023A00019-fast-fetch-1775953590012","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Home Affairs Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nHome Affairs Act 2023\n\n \n\nNo. 19, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to be administered by the Minister for Home Affairs, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Binding the Crown\n\n4 Definitions\n\n5 Termination of lease\n\n6 Compensation for acquisition of property\n\n7 This Act overrides any other law\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nHome Affairs Act 2023\n\nNo. 19, 2023\n\n \n\n \n\n \n\nAn Act to be administered by the Minister for Home Affairs, and for related purposes\n\n[Assented to 15 June 2023]\n\nThe Parliament of Australia enacts:\n\n \n\n1  Short title\n\n  This Act is the Home Affairs Act 2023.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act Immediately after this Act receives the Royal Assent. 4.26 pm (A.C.T.) 15 June 2023\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Binding the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n4  Definitions\n\n  In this Act:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means Block 26, Section 44 in the Division of Yarralumla, as delineated on Deposited Plan Number 10486 in the Office of the Registrar of Titles at Canberra in the Australian Capital Territory.\n\nrelevant lease means any lease owned or held in respect of the land at the commencement of this Act.\n\n5  Termination of lease\n\n  A relevant lease, and any legal or equitable right, title, interest, trust, restriction, obligation, mortgage, encumbrance, contract, licence or charge, granted or arising under or pursuant to a relevant lease, or in dependence on a relevant lease, is terminated by force of this section on the commencement of this section.\n\n6  Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the High Court of Australia or the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n7  This Act overrides any other law\n\n (1) Subject to subsection (3), this Act:\n\n (a) has effect despite any other law of the Commonwealth or of a State or Territory (whether written or unwritten); and\n\n (b) applies despite any rights, duties, obligations, powers, limitations, offences, privileges or immunities (however described, and whether actual, contingent or prospective) which would otherwise apply under any other law of the Commonwealth or of a State or Territory (whether written or unwritten).\n\n (2) Without limiting subsection (1), this Act has effect despite anything contained in, or any rights, duties, obligations, powers, limitations, offences, privileges or immunities (however described, and whether actual, contingent or prospective) that would otherwise apply under, any of the following (including any regulations or other legislative instruments made under them):\n\n (a) the Australian Capital Territory (Planning and Land Management) Act 1988, subject to subsection (3);\n\n (b) the Autonomous Sanctions Act 2011;\n\n (c) the Consular Privileges and Immunities Act 1972;\n\n (d) the Diplomatic Privileges and Immunities Act 1967;\n\n (e) the Foreign States Immunities Act 1985;\n\n (f) the International Organisations (Privileges and Immunities) Act 1963;\n\n (g) the Overseas Missions (Privileges and Immunities) Act 1995;\n\n (h) the Seat of Government (Administration) Act 1910;\n\n (i) the Australian Capital Territory National Land (Leased) Ordinance 2022.\n\nNote: As a result of this section, any compensation paid under section 6 would not be subject to the Autonomous Sanctions Act 2011.\n\n (3) Nothing in this Act affects the status of the land as National Land under section 27 of the Australian Capital Territory (Planning and Land Management) Act 1988.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 15 June 2023\n\nSenate on 15 June 2023]\n\n \n\n(79/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s text sets a narrow and clearly delineated scope: it applies to Block 26, Section 44 in Yarralumla and to leases held in respect of that land (s4), terminates those leases on commencement (s5), provides for compensation where constitutional acquisition occurs (s6), and contains an override clause with one explicit exception (s7(3)). The text does not indicate any change from that original, narrowly defined scope."},"complexity_factors":["Specific identification of a single parcel of land and definition of \"relevant lease\" (s4) narrows scope but requires precise title reference.","Automatic statutory termination of a wide range of legal and equitable interests on commencement (s5) creates immediate and concrete legal effects.","Interaction with the constitutional acquisition power and just terms requirement (s6) triggers court-determined compensation, raising valuation and litigation complexity.","A broad non‑derogation clause that gives the Act effect despite other Commonwealth, State or Territory laws, plus an explicit list of overridden Acts (s7(1)–(2)), complicates legal interactions.","An express preservation of the land’s National Land status under ACT planning law limits the override in one respect (s7(3)).","Immediate commencement on Royal Assent (s2(1)) produces time-sensitive effects for affected parties and administrators."],"plain_english_summary":"### What this law does, in practical terms\n\n- The Act identifies a specific parcel of land in Yarralumla (Block 26, Section 44) and calls any existing leases over that land “relevant leases” (definition of land and relevant lease, s4).  \n- On commencement, every relevant lease and every legal or equitable right connected to those leases — including trusts, mortgages, encumbrances, licences, contracts and similar interests — is terminated automatically by operation of the law (s5).  \n- If terminating those leases amounts to an acquisition of property under the Constitution and is not on just terms, the Commonwealth must pay a reasonable amount of compensation (s6(1)). If the Commonwealth and the affected person cannot agree on amount, the person may sue the Commonwealth in the High Court or the Federal Court to recover the compensation the court awards (s6(2)).  \n- The Act binds the Crown (s3) and, subject to one exception, it operates despite any other Commonwealth, State or Territory law (s7(1)–(2)). The exception preserves the land’s status as National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (s7(3)).  \n- The Act commenced immediately after receiving Royal Assent (s2(1)).\n\n### How the Act works mechanically (before stated rationale)\n\n- The statute locates a particular parcel of land and declares that any lease related to it is terminated by force of statute on commencement (s4, s5).  \n- If that statutory termination constitutes an acquisition within paragraph 51(xxxi) of the Constitution, the Commonwealth is exposed to a compensation obligation; that obligation is enforceable through federal courts if the parties cannot agree (s6).  \n- The statute is drafted to override other laws that might prevent or complicate those effects, and it lists several statutes and categories (including diplomatic and international immunities and certain ACT land laws) that it overrides, though it preserves the land’s declared national status (s7(1)–(3)).\n\n### Purposes the text states or implies, and the practical trade-offs\n\n- The text’s operative effect is to move legal title and remove lease-based rights over a single, defined parcel of land immediately on commencement (s4, s5). The stated legal consequence is that affected persons may receive compensation if the move is a constitutional acquisition (s6).  \n- Who pays: the Commonwealth is liable for compensation when the constitutional test for acquisition applies (s6(1)).  \n- Who decides key outcomes: the statute itself terminates the leases automatically (s5); courts decide compensation amounts if the parties disagree (s6(2)).  \n\nTrade-offs, incentives and costs (source‑grounded):\n\n- Concentration of costs and benefits: the direct legal and economic costs are concentrated on persons who hold or rely on the relevant leases; the primary legal benefit (control of the land without those leases) accrues to the Commonwealth (s4, s5).  \n- Fiscal cost and litigation risk: the Commonwealth may incur compensation payments, and the amount can be determined by the High Court or Federal Court if disputed (s6(1)–(2)). That creates litigation and valuation risk for both the Commonwealth and leaseholders.  \n- Compliance and administrative burden: the termination is automatic, so the administrative burden on the Commonwealth to effect termination is low (s5). The administrative or transaction burden shifts to former leaseholders seeking compensation, who must negotiate or litigate to recover a court-ordered amount (s6(2)).  \n- Legal certainty and discretion: the statutory termination leaves little discretion about whether leases end (they end on commencement by operation of law) (s5). Discretional decision-making about compensation amount is allocated to courts when agreement cannot be reached (s6(2)).  \n- Interaction with other laws and immunities: the Act is drafted to have effect despite other Commonwealth, State or Territory laws that might otherwise apply, and it enumerates a range of Acts (including those relating to diplomatic or international immunities) it prevails over (s7(1)–(2)). The Act explicitly preserves the land’s status as National Land under the ACT planning law (s7(3)). The note in the text signals that compensation under s6 would not be subject to the Autonomous Sanctions Act 2011 (note to s7).  \n- Effects on private enterprise and contract freedom: any business or commercial activity operating under the terminated leases will lose those contractual and property rights on commencement (s5). The statute does not describe replacement arrangements for business continuity, so commercial operators would either seek compensation under s6 or pursue other legal remedies described in the Act (s6(2)).  \n\n### Implementation risks and opportunity costs\n\n- The principal implementation risks in the Act are valuation and litigation risk over compensation amounts (s6(2)), and the immediate loss of leased rights for holders with ongoing business activities (s5).  \n- Opportunity costs fall to the leaseholders and to any contracts that depended on those leases: those private arrangements will be terminated by the statute (s5), and affected persons can only recover compensation or litigate for compensation (s6(1)–(2)).\n\n### Net procedural picture\n\n- On commencement the Commonwealth gains legal clear title free of the specified leases (s5). Leaseholders lose their tenancy and associated rights immediately (s5). If an acquisition occurs, the Commonwealth pays compensation or faces court-ordered compensation (s6). The Act’s override clause reduces legal pathways under other laws that might block or delay those effects, while preserving the land’s National Land status (s7(1)–(3))."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: terminating a specific lease on a specific block of land in Yarralumla. Despite the broad 'override' provisions in section 7, these serve the narrow purpose of ensuring the termination is effective against all possible legal defences (including diplomatic immunity), rather than expanding the Act's substantive scope beyond the single property acquisition."},"complexity_factors":["Very short statute (only 7 sections)","Minimal defined terms (only 4 definitions in section 4)","Simple, direct operative provision (section 5 terminates the lease automatically)","Single cross-reference to constitutional provision (section 51(xxxi)) for compensation trigger","Non-complex conditional logic: only one substantive condition (subsection 7(3) preserving National Land status)","List of overridden laws in section 7 is explicit but not conditional or nested"],"plain_english_summary":"**What this law does:**\n\nThis Act is a very specific, targeted piece of legislation that **terminates a single lease** on a specific block of land in Canberra (Block 26, Section 44 in Yarralumla). It wipes out not just the lease itself, but also any mortgages, contracts, restrictions, or other legal interests tied to that lease.\n\n**Who it affects:**\n\n- Anyone who holds the lease on this specific Yarralumla property (likely a foreign embassy or diplomatic mission, given the location and the references to diplomatic immunity laws)\n- Banks or other parties with mortgages or financial interests in the lease\n- The Commonwealth government, which takes control of the land\n\n**Why it matters:**\n\nThis is essentially a **forced takeover** of a specific property. The Act:\n\n- **Overrides almost every other law** that might protect the leaseholder, including diplomatic immunity laws, foreign state immunity laws, and ACT planning laws\n- **Guarantees compensation** if the takeover would otherwise breach the Constitution (which requires \"just terms\" for property acquisition)\n- **Preserves the land as \"National Land\"** under existing planning frameworks\n\nThe law appears designed to deal with a specific diplomatic or foreign policy situation—possibly involving a sanctioned entity or a foreign mission whose presence Australia wants to terminate—while protecting the Commonwealth from legal challenges based on immunity or other legal protections."}},"importantCases":[],"_links":{"self":"/api/acts/home-affairs-act-2023","history":"/api/acts/home-affairs-act-2023/history","analysis":"/api/acts/home-affairs-act-2023/analysis","conflicts":"/api/acts/home-affairs-act-2023/conflicts","importantCases":"/api/acts/home-affairs-act-2023/important-cases","documents":"/api/acts/home-affairs-act-2023/documents"}}