{"id":"F2017L01562","name":"Lands Acquisition Regulations 2017","slug":"lands-acquisition-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":144367,"registerId":"commonwealth-F2017L01562-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Lands Acquisition Regulations 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Lands Acquisition Act 1989.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Lands Acquisition Act 1989.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Exempt authorities","content":"#### 6 Exempt authorities\n\n For the purposes of paragraph (b) of the definition of Commonwealth authority in section 6 of the Act, each of the authorities specified in the following table is declared to be an exempt authority.\n\n```html\n

Exempt authorities

Item

Name of authority

1

Australian Broadcasting Corporation

3

Australian Maritime Safety Authority

4

Australian National University

5

Australian Postal Corporation

6

Australian Securities and Investment Commission

7

Indigenous Business Australia

8

Indigenous Land and Sea Corporation

9

Reserve Bank of Australia

10

Special Broadcasting Service Corporation

11

Wine Australia

\n```","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Act does not apply to acquisitions of certain interests in land by the Commonwealth from Defence Housing Australia","content":"#### 7 Act does not apply to acquisitions of certain interests in land by the Commonwealth from Defence Housing Australia\n\n For the purposes of paragraph 21(1)(b) of the Act, the Act does not apply in relation to the acquisition by the Commonwealth of an interest in land, other than a freehold interest, in circumstances where the acquisition:\n (a) is from Defence Housing Australia; and\n (b) is for the purpose of providing housing to meet the operational needs of the Australian Defence Force.","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Interest payable on compensation—interests other than mortgage interests","content":"#### 8 Interest payable on compensation—interests other than mortgage interests\n\n For the purposes of subsection 91(2) of the Act, the rate of interest payable on compensation is the rate set out for Commonwealth government 5‑year bonds in the table Capital Market Yields—Government Bonds—Monthly—F2.1, published by the Reserve Bank of Australia, in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VII of the Act.\n\n> Note: The table could in 2018 be viewed on the Reserve Bank of Australia website (http://www.rba.gov.au/statistics/tables/#interest‑rates).","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Interest payable on compensation payable under Part VIII of the Act","content":"#### 9 Interest payable on compensation payable under Part VIII of the Act\n\n For the purposes of subsection 115(2) of the Act, the rate of interest payable on compensation is the rate set out for Commonwealth government 5‑year bonds in the table Capital Market Yields—Government Bonds—Monthly—F2.1, published by the Reserve Bank of Australia, in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VIII of the Act.\n\n> Note: The table could in 2018 be viewed on the Reserve Bank of Australia website (http://www.rba.gov.au/statistics/tables/#interest‑rates).","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Act does not apply to disposal of certain interests in land by the Commonwealth for defence housing","content":"#### 10 Act does not apply to disposal of certain interests in land by the Commonwealth for defence housing\n\n For the purposes of paragraph 117(1)(b) of the Act, the Act does not apply in relation to the disposal by the Commonwealth of an interest in land, other than a freehold interest, in circumstances in which the disposal is for the purpose of providing housing to meet the operational needs of the Australian Defence Force.","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Prescribed address for giving documents to Minister","content":"#### 11 Prescribed address for giving documents to Minister\n\n For the purposes of subsection 137(1) of the Act, the following address is prescribed:\n Department of Finance\n 1 Canberra Avenue\n FORREST ACT 2603","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand the Act’s substantive powers; it specifies exemptions and procedural particulars authorised by the Act. It names exempt authorities (reg 6), excludes certain Defence Housing Australia non‑freehold acquisitions/disposals from the Act (regs 7 and 10), prescribes market-linked interest rates for compensation (regs 8–9) and a service address for the Minister (reg 11), thereby narrowing or clarifying the Act’s application rather than altering its statutory scope."},"complexity_factors":["Multiple cross-references to the Lands Acquisition Act 1989 (paragraphs/sections cited in regs 6–11) which require reading both instruments to see effect","Reg 6 lists named Commonwealth bodies whose exclusion affects application of the Act (specific, discrete list)","Regs 7 and 10 create narrow, factual exemptions tied to Defence Housing Australia and non‑freehold interests (application depends on factual facts about purpose and vendor)","Regs 8–9 tie interest to an external, regularly updated Reserve Bank table (operational reliance on an external data source and timing of liability month)","Reg 11 prescribes a specific address for service (procedural detail with low substantive complexity)","Overall short instrument with limited provisions, but legal effect depends on cross-referencing and factual determinations"],"plain_english_summary":"These regulations under the Lands Acquisition Act 1989 (regs 6–11) name specific Commonwealth bodies as exempt from the Act’s definition of “Commonwealth authority”; exclude certain non‑freehold land acquisitions and disposals involving Defence Housing Australia when used for Defence housing (regs 7, 10); fix compensation interest to the Reserve Bank’s 5‑year government bond yield for the relevant month (regs 8–9); and prescribe the Department of Finance address for giving documents to the Minister (reg 11). They determine when the Act applies, who pays or receives compensation, and how compensation interest is calculated."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original limited scope as a machinery provision supporting the Lands Acquisition Act 1989. It performs the expected functions of a legislative instrument made under that Act: prescribing exempt authorities, setting interest rates, specifying administrative addresses, and creating limited exemptions for defence housing. There is no evidence of scope creep beyond these technical and administrative purposes."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No nested conditional logic or exceptions to exceptions","Straightforward tabular list of exempt authorities (10 items)","Simple cross-references to specific sections of the parent Act (sections 6, 21, 91, 115, 117, 137)","Minimal length (11 sections total, many only 1-2 paragraphs)","Clear, operational provisions without discretionary language"],"plain_english_summary":"This regulation clarifies how the Commonwealth acquires and disposes of land by naming several government bodies as \"exempt authorities,\" carving out leasehold housing transactions between the Commonwealth and Defence Housing Australia, setting the interest rate for compensation tied to 5‑year government bond yields, and providing the Minister’s official mailing address. It affects government agencies, Defence Housing Australia and service personnel, and property owners whose land is compulsorily acquired, ensuring streamlined processes and fair interest on payments."}},"importantCases":[],"_links":{"self":"/api/acts/lands-acquisition-regulations-2017","history":"/api/acts/lands-acquisition-regulations-2017/history","analysis":"/api/acts/lands-acquisition-regulations-2017/analysis","conflicts":"/api/acts/lands-acquisition-regulations-2017/conflicts","importantCases":"/api/acts/lands-acquisition-regulations-2017/important-cases","documents":"/api/acts/lands-acquisition-regulations-2017/documents"}}