{"id":"F2006B00100","name":"Leases Ordinance 1992 (Jervis Bay Territory)","slug":"leases-ordinance-1992-jervis-bay-territory","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40524,"registerId":"commonwealth-F2006B00100-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"#### 1 Citation\n\n  This Ordinance may be cited as the Leases Ordinance 1992.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Validation","content":"#### 3 Validation\n\n  To avoid any doubt, the Leases Act 1918 of the Australian Capital Territory is taken to have applied to a lease of any territory land granted by the Minister on or after 11 May 1989 and before 2 April 1992.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  In this Ordinance, unless the contrary intention appears:\n\n> Act means the Jervis Bay Territory Acceptance Act 1915.\n\n> fair rent has the meaning given by section 17.\n\n> lease has the meaning given by section 4A.\n\n> territory land means Crown land in the Territory and any land in the Territory acquired under the Lands Acquisition Act 1906, the Lands Acquisition Act 1955 or the Lands Acquisition Act 1989.","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of lease","content":"#### 4A Meaning of lease\n\n  A reference in this Ordinance (other than sections 3, 5, 6 and 23AA) to a lease is a reference to a lease granted under subsection 5(1).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Power to grant leases","content":"#### 5 Power to grant leases\n\n  (1) The Minister may, on behalf of the Commonwealth, grant leases of territory land, other than Blocks 124 to 149 in Deposited Plan 9271/1 in the Jervis Bay Territory.\n  (2) To avoid doubt, subsection (1) does not limit the Minister’s power to grant, or to have granted, a lease of Territory land (including Blocks 124 to 149 in Deposited Plan 9271/1) otherwise than under subsection (1).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exercise of powers and duties under leases","content":"#### 6 Exercise of powers and duties under leases\n\n  If a lease granted under a law in force in the Territory confers a power or imposes a duty on the Commonwealth, the Minister may exercise that power or perform that duty as fully and effectively as if the power were conferred or the duty imposed on him or her by the lease.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Conditions on leases","content":"#### 7 Conditions on leases\n\n  A lease granted under this Ordinance extends for the period, and is subject to any covenants or conditions as to rent or otherwise, determined by the Minister and set out in the lease or as prescribed by the regulations.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Determination of rent","content":"#### 8 Determination of rent\n\n  (1) Without limiting the generality of section 7, a lease may be granted containing a condition or agreement that the rate at which rent is payable for a period of the lease may be determined by the Minister.\n  (2) If a lease is granted subject to a condition referred to in subsection (1) the Minister may determine the rate accordingly.\n  (3) Subject to any variation made under section 10, the rate determined under subsection (2) for a period of the lease is the rate at which the lessee must pay rent for that period.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Notice of determination of rent","content":"#### 9 Notice of determination of rent\n\n  (1) The Minister must give the lessee notice in writing of any determination made under section 8.\n  (2) If notice of the determination is not given to the lessee before the commencement of the period for which the rate is determined, the rate for the part of that period up to but not including the day on which the notice is given to the lessee is the rate at which the rent for the lease was payable immediately before the commencement of the period.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Appeals by lessees","content":"#### 10 Appeals by lessees\n\n  (1) If the Minister makes an offer in writing to a lessee under this Ordinance for the grant of a lease at the end of the term of, or in substitution for, his or her existing lease, the lessee may within a month of receiving the offer:\n    (a) accept it; or\n    (b) apply in writing to the Minister to vary the rent or any term or condition of the lease offered.\n  (2) If, under section 8, the Minister determines the rent payable for a period of a lease, the lessee may within a month of receiving notice of the determination apply in writing to the Minister to vary the determined rent.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Form of appeal","content":"#### 11 Form of appeal\n\n  An application under paragraph 10(1)(b) or subsection 10(2) must specify:\n    (a) the variation that is sought; and\n    (b) the reasons for which the lessee considers the variation should be made.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Determination of appeals","content":"#### 12 Determination of appeals\n\n  The Minister must:\n    (a) consider an application made under paragraph 10(1)(b) or subsection 10(2); and\n    (b) by notice in writing given to the lessee, either:\n    (i) confirm the offer or determination; or\n    (ii) vary the offer or determination to the extent, or in the manner, specified in the notice.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Determinations not to exceed fair rent","content":"#### 13 Determinations not to exceed fair rent\n\n  The Minister must not, under section 12:\n    (a) confirm an offer or determination if the rent payable is higher than a fair rent for the property; or\n    (b) vary an offer or determination so that the rent payable is higher than a fair rent for the property.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Acceptance after an application for variation","content":"#### 14 Acceptance after an application for variation\n\n  If a notice referred to in section 12 is given to a lessee and the decision of the Minister relates to an offer referred to in subsection 10(1), the lessee may within one month of receiving the notice:\n    (a) if the original offer was not varied by the decision—accept or reject the offer; or\n    (b) if the offer was varied by the decision—accept or reject the varied offer.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Review of decisions by Administrative Review Tribunal","content":"#### 15 Review of decisions by Administrative Review Tribunal\n\n  A lessee may apply to the Administrative Review Tribunal for review of an offer or determination that is confirmed or varied under paragraph 12(b).","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Notice of lessee’s right to appeal","content":"#### 16 Notice of lessee’s right to appeal\n\n  (1) A written offer made to a lessee under subsection 10(1) must include a statement to the effect that the lessee may apply for the proposed rent, or any term or condition of the proposed lease, to be varied.\n  (2) A notice under subsection 10(2) of the determination of the rent payable by a lessee must include a statement to the effect that the lessee may apply for variation of the determined rent.\n  (3) A notice to a lessee under paragraph 12(b) of a decision confirming or varying an offer or determination must include a statement to the effect that the lessee may apply to the Administrative Review Tribunal for review of the decision.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Fair rent","content":"#### 17 Fair rent\n\n  (1) In the case of a property that is the subject of an application under paragraph 10(1)(b), a reference in section 13 to a fair rent is a reference to a rent that it would be reasonable to pay for the property having regard to:\n    (a) the physical characteristics of the property; and\n    (b) the location of the property; and\n    (c) the purposes for which the property may be used under the proposed lease; and\n    (d) the period for which the proposed lease would be granted; and\n    (e) the rent payable for leases of similar properties in similar locations; and\n    (f) any other factors relating to the property or the proposed lease to which it would be reasonable to have regard.\n  (2) In the case of a property that is the subject of an application under subsection 10(2), a reference in section 13 to a fair rent is a reference to whichever is the greater of:\n    (a) a rent that it would be reasonable to pay for the property having regard to:\n    (i) the physical characteristics of the property; and\n    (ii) the location of the property; and\n    (iii) the purposes for which the property may be used under the lease; and\n    (iv) the period for which the lease was granted; and\n    (v) the unexpired portion of the period for which the lease was granted; and\n    (vi) the rent payable for leases of similar properties in similar locations; and\n    (vii) any other factors relating to the property or the lease to which it would be reasonable to have regard; and\n    (b) the minimum rent that may be fixed under the conditions, if any, of the lease that prescribe the minimum rent payable.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Rent reduction and relief from compliance with conditions","content":"#### 18 Rent reduction and relief from compliance with conditions\n\n  (1) The Minister may, for any period, approve:\n    (a) the reduction of the rent payable under a lease or a tenancy, or of the amount payable for any occupation of land; or\n    (b) the grant of relief, to a lessee, tenant or occupier of land, from compliance, wholly or in part, with any covenant or condition to which his or her lease, tenancy or occupation is subject;\n  and the liability and obligation of the lessee, tenant or occupier under the lease or tenancy or for his or her occupation is, in relation to that period, discharged to the extent of the reduction or the grant of relief.\n  (2) A grant of relief approved under subsection (1) may be absolute or subject to such conditions as the Minister thinks fit.\n  (3) Except where section 19 applies, the Minister must send by post or deliver to the lessee, tenant or occupier, notice in writing specifying the reduction or the grant of relief approved by the Minister.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Discharge of prior obligations","content":"#### 19 Discharge of prior obligations\n\n  (1) If the Minister grants a lease, the Minister may, either absolutely or subject to conditions, fully discharge the lessee from all liabilities and obligations which the lessee may have incurred in respect of any prior occupation of the leased land or portion of the leased land.\n  (2) For the purposes of this section, the lessee is taken to have been discharged if the grant contains:\n    (a) an acknowledgment by the lessee of a specified sum for the prior occupation; and\n    (b) an agreement or covenant by the lessee to pay the specified sum;\n  even if the specified sum is less than the amount of the lessee’s total liability, obligation or indebtedness.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Survey fees","content":"#### 20 Survey fees\n\n  (1) The Minister may fix survey fees as he or she thinks fit, for any land leased under this Ordinance.\n  (2) If the Minister has fixed a survey fee, he or she must forward to the lessee, at the lessee’s last known address, a notice in writing specifying the amount of the fee and the day on which the fee is payable.\n  (3) If a notice has been forwarded to the lessee, the survey fee is payable by the lessee and may be recovered from the lessee as a debt due to the Commonwealth.\n  (4) The Minister may consent to the payment of a survey fee at a later date or by instalments.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Power to determine conditions of grant of leases","content":"#### 21 Power to determine conditions of grant of leases\n\n  The Minister may determine the persons to whom and the purposes for which leases may be granted.","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Fencing of leased land","content":"#### 23 Fencing of leased land\n\n  (1) Lessees must erect on the boundaries of the land leased any fences that the Minister thinks necessary.\n  (2) Lessees of adjoining lands must contribute in equal proportions to the construction of dividing fences between those lands.\n  (3) The Minister may determine, by notice in writing given to a lessee, a period for compliance with this section in relation to a boundary of leased land.\n  (4) If a lessee fails to comply with a notice within the period specified in it, the Minister may determine the lease.","sortOrder":21},{"sectionNumber":"23AA","sectionType":"section","heading":"Modification of ACT Residential Tenancies Act in its application to certain leases, licences and other arrangements","content":"#### 23AA Modification of ACT Residential Tenancies Act in its application to certain leases, licences and other arrangements\n\n  (1) This section applies to a lease, licence or other arrangement (a relevant lease) involving land in the Territory if the relevant lease:\n    (a) is a residential tenancy agreement to which the ACT Residential Tenancies Act applies; and\n    (b) was not granted under subsection 5(1) of this Ordinance; and\n    (c) is a lease, licence or other arrangement in which the Commonwealth, or a person on behalf of the Commonwealth, is:\n    (i) the lessor (other than a sublessor); or\n    (ii) the licensor (other than a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land that is owned by the Commonwealth.\n  (2) The ACT Residential Tenancies Act applies in relation to the relevant lease as if:\n    (a) a reference in section 35 of that Act to the ACAT were a reference to a court of competent jurisdiction; and\n    (b) a reference in clauses 84, 90, 92 and 93 of Schedule 1 to that Act to the tribunal were a reference to a court of competent jurisdiction.\n\n> Note 1: The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine Commonwealth tenancy disputes between the parties to a relevant lease (see section 133 of the Federal Circuit and Family Court of Australia Act 2021).\n\n> Note 2: Each court of the Australian Capital Territory also has jurisdiction in and in relation to the Territory (see section 4D of the Jervis Bay Territory Acceptance Act 1915).\n\n  (3) In this section:\n\n> ACT Residential Tenancies Act means the Residential Tenancies Act 1997 (ACT), as in force in the Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915.","sortOrder":22},{"sectionNumber":"23A","sectionType":"section","heading":"Review by Administrative Review Tribunal","content":"#### 23A Review by Administrative Review Tribunal\n\n  Application may be made to the Administrative Review Tribunal for review of a decision of the Minister made under subsection 20(1), 20(4), 23(1), 23(3) or 23(4).","sortOrder":23},{"sectionNumber":"23B","sectionType":"section","heading":"Delegation by Minister","content":"#### 23B Delegation by Minister\n\n  The Minister may, by signed writing, delegate a power of the Minister under this Ordinance, except the power to make regulations, to:\n    (a) a public authority of the Commonwealth, New South Wales or the Australian Capital Territory; or\n    (b) an officer or employee of:\n    (i) the Commonwealth, New South Wales or the Australian Capital Territory; or\n    (ii) a public authority of the Commonwealth, New South Wales or the Australian Capital Territory.","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"#### 24 Regulations\n\n  (1) The Minister may make Regulations prescribing matters:\n    (a) required or permitted by this Ordinance to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.\n  (2) In particular, the Minister may make regulations prescribing matters in relation to:\n    (a) the persons to whom leases may be granted; and\n    (b) the purposes for which leases may be granted; and\n    (c) the periods for which leases may be granted; and\n    (d) the rent payable under leases; and\n    (e) the covenants and conditions of leases; and\n    (f) the method of recovering moneys due and unpaid under leases; and\n    (g) the determination of leases for non‑fulfilment of covenants or conditions; and\n    (h) the method of recovering land on the determination of leases.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Regulations—savings","content":"#### 25 Regulations—savings\n\n  Regulations made for the purposes of the Leases Act 1918 of the Australian Capital Territory and in force in the Territory immediately before the commencement of this Ordinance continue in force as if made under section 24 of this Ordinance.","sortOrder":26}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a leasing ordinance for the Jervis Bay Territory. While section 23AA was added later to address residential tenancies specifically, this represents a natural extension of the leasing framework rather than scope creep. The core purpose — regulating land leases in the Territory — remains consistent throughout."},"complexity_factors":["Multiple defined terms in section 4 (Act, fair rent, lease, territory land) with 'lease' having a special narrowed meaning in section 4A that excludes sections 3, 5, 6 and 23AA","Cross-referencing between sections 8-17 forming an interconnected rent determination and appeal scheme","Dual definition of 'fair rent' in section 17 with different tests for new leases vs. rent determinations during existing leases","Section 23AA creates a complex interaction with ACT legislation (Residential Tenancies Act 1997) with specific modifications to tribunal references","Nested conditions in section 23 regarding fencing notices and lease determination consequences","Exception in section 5(2) clarifying that the exclusion of specific blocks in 5(1) doesn't limit other leasing powers","Savings provision in section 25 preserving pre-existing regulations under the old ACT law"],"plain_english_summary":"This law sets how the Commonwealth leases Crown land in the Jervis Bay Territory, giving the federal Minister power to grant leases, set rents (bounded by a \"fair rent\" standard), and manage lease endings. It lets tenants seek ministerial variation and independent review of rent and terms.\n\nIt affects anyone leasing or living on territory land — balancing ministerial discretion with tenant protections on rents, appeals, hardship relief, and validity of past leases."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Ordinance implements a narrowly defined statutory scheme for leasing Commonwealth land in the Jervis Bay Territory: it validates a past application of the ACT Leases Act for a specific historical period (s3), authorises the Minister to grant and regulate leases (s5, s7, s24), and adapts ACT tenancy law for certain Commonwealth arrangements (s23AA). These measures are consistent with the Ordinance's original purpose of establishing how leases over territory land are to be granted and administered. The instrument does not materially broaden its subject matter beyond that core leasing and tenancy framework, although it centralises decision-making in the Minister and leaves substantial detail to delegated regulation and administrative practice."},"complexity_factors":["Multiple cross-references to external statutes (Leases Act 1918, ACT Residential Tenancies Act 1997, Lands Acquisition Acts, Jervis Bay Territory Acceptance Act) increasing interpretive complexity","Section 4A carves out exceptions to the ordinary meaning of 'lease' (applies to subsections except 3, 5, 6 and 23AA) — a conditional definition","Two different fair-rent formulas depending on the type of application (s17(1) v s17(2))","Several ministerial discretions (granting leases, fixing rent, fixing survey fees, discharging liabilities, relief from covenants) spread across the Ordinance (s5, s7, s8, s18, s19, s20)","Short procedural timelines and notice rules (one‑month appeal window, notice timing effects in s9) create operational detail that must be followed","Significant reliance on delegated regulation-making to fill substantive details (s24) and continuation of prior regulations (s25)","Delegation power that allows most Ministerial powers to be delegated to various public authorities or officers (s23B)","Overlap of dispute‑resolution forums (Administrative Review Tribunal review rights, and substitutions of tribunal references to courts under s23AA) requiring attention to jurisdictional lines"],"plain_english_summary":"**What this law does, in plain English**\n\n- Gives the Commonwealth Minister formal power to grant leases over land in the Jervis Bay Territory and to set the terms of those leases, including rent, conditions and covenants (see s5, s7, s21).\n- Validates that the ACT Leases Act 1918 is taken to have applied to leases the Minister granted between 11 May 1989 and 2 April 1992 (s3).\n- Allows the Minister to decide (and to vary) the rent payable under a lease if the lease contains a clause that gives the Minister that power, and requires the Minister to notify lessees of any such rent determination (s8–9).\n- Gives lessees a short, formal right to seek variation of an offered lease or of a rent determination (apply within one month) and requires the Minister to consider and respond in writing; lessees can seek a review by the Administrative Review Tribunal of the Minister’s decision (s10–16, s15).\n- Defines what a \"fair rent\" means for the purposes of those reviews (s17). The fair-rent test lists objective factors for comparison (physical characteristics, location, permitted use, term, similar leases and other reasonable factors) and, for rent-review appeals, also compares to any contractually-prescribed minimum (s17(1)–(2), s13).\n- Enables the Minister to reduce rent temporarily or grant relief from covenants or other obligations for a period; the Minister may make such relief conditional (s18).\n- Allows the Minister, when granting a lease, to discharge previous liabilities relating to prior occupation of the land (s19).\n- Authorises the Minister to fix and recover survey fees from lessees, including by treating unpaid fees as a debt due to the Commonwealth (s20).\n- Imposes fencing duties on lessees, including equal contribution to dividing fences with neighbours; non‑compliance with a fencing notice can lead to termination of the lease (s23).\n- Prescribes that many detailed matters about who may be leased to, for what purposes, and on what terms may be filled in by regulation (s24), and continues prior regulations made under the ACT Leases Act that were in force immediately before this Ordinance (s25).\n- Modifies how the ACT Residential Tenancies Act 1997 applies to certain arrangements where the Commonwealth (or someone acting for it) is the lessor/licensor but the lease/licence was not granted under s5(1) of this Ordinance; it substitutes court-based dispute references for certain tribunal references so disputes sit in courts of competent jurisdiction (s23AA).\n- Allows the Minister to delegate most powers under the Ordinance to Commonwealth/NSW/ACT public authorities or officers (s23B), and gives lessees rights to Administrative Review Tribunal review of specific Ministerial decisions (s23A).\n\nWho is affected and who pays\n\n- Affected parties: the Commonwealth Minister (decision-maker), prospective and existing lessees, tenants and occupiers of territory land, surveyors and neighbouring lessees required to share fence costs, and courts/tribunals that handle reviews and disputes (ss5, 20, 23, 15, 23AA).\n- Who pays: lessees pay rent (including rates determined by the Minister: s8), any survey fees fixed by the Minister (s20), and fence construction or shared fence costs (s23). The Commonwealth may accept reduced payments or discharge prior obligations (s18–19).\n\nHow the law works mechanically\n\n- The Minister grants leases and sets conditions in the lease document or by regulation (s5, s7, s24).\n- If a lease contains a clause allowing ministerial rent-setting, the Minister can set the rent for specified periods (s8); the Minister must notify the lessee in writing (s9). If notice comes after the period starts, the old rate applies until notice is given (s9(2)).\n- Lessees have one month to ask the Minister to vary an offer or rent determination; the Minister must consider and either confirm or vary the offer/determination in writing (s10–12). Decisions cannot make rent exceed a ‘‘fair rent’’ (s13, s17).\n- Lessees can seek external review by the Administrative Review Tribunal of confirmed or varied offers/determinations (s15), and certain Ministerial actions (e.g. survey fees, fence directions, termination for non‑compliance) are reviewable (s23A).\n- The Ordinance relies on delegated regulation-making to set many operational details (s24); it also continues pre-existing regulations that applied immediately before this Ordinance (s25).\n\nOfficial purposes claimed and how they map to effects, costs and incentives\n\n- Claimed purpose (from text): to provide a statutory scheme for leasing Commonwealth land in the Jervis Bay Territory, including validation of prior application of the ACT Leases Act for a historical period (s3, s5, s24).\n- Centralisation of decision-rights: the Minister holds primary authority to grant leases and set rents and terms (s5, s7, s8, s21). That creates concentrated decision power (benefit to the Minister’s office and any lessee favoured by a discretionary grant) and places on lessees the need to engage with ministerial processes and timelines.\n- Compliance burdens on lessees: lessees must comply with fencing directions (s23), may be charged survey fees recoverable as Commonwealth debt (s20), and must act quickly to seek variations (one-month windows in s10 and s11). These are predictable administrative costs for lessees.\n- Protections and contestability: lessees have structured appeal rights (one‑month application, mandatory consideration by the Minister, and review by the Administrative Review Tribunal) and an objective fair‑rent test to constrain excessive rent-setting (s10–17, s15). These give a legal pathway to challenge discretionary decisions, though they impose short deadlines and require the lessee to state grounds (s11).\n- Regulatory dependence and uncertainty: the Ordinance delegates many substantive details to regulations (s24) and preserves prior ACT regulations (s25). The practical effects on pricing, term lengths and eligible recipients depend substantially on what the Minister prescribes by regulation; until those regulations are made or are known, some uncertainty for lessees and markets remains.\n- Delegation and implementation risk: the Minister may delegate powers widely (s23B). That can speed administration but moves practical decision-making into agencies or officials; it broadens who actually decides while retaining legal responsibility in the Minister’s portfolio.\n\nTrade-offs and opportunity costs\n\n- The scheme concentrates leasing and rent-setting power centrally to allow coordinated management of Commonwealth territory land (s5, s21). The trade-off is between central control (administrative flexibility, policy coherence) and predictability/market signalling for private investors and occupiers, who face ministerial discretion and short appeal windows.\n- The Act provides avenues for relief from obligations and for discharge of past liabilities (s18–19). That creates flexibility to adjust obligations where appropriate but also produces potential variance between lessees on historical liabilities depending on ministerial choices.\n\nPractical effects on private enterprise and contracting\n\n- Private parties leasing Commonwealth land must factor ministerial discretion into lease negotiations: leases may include ministerial rent-determination clauses (s8) and conditions set by regulation (s24).\n- The fair-rent rules and tribunal review process limit arbitrary rent increases in law, but short procedural deadlines and the need to make specific written applications (s10–12, s11) require lessees to be proactive and legally attentive.\n- By making certain non‑s5(1) Commonwealth tenancies subject to the ACT Residential Tenancies Act (with court substitutions) the Ordinance aligns many tenancy disputes with existing ACT tenancy law but routes dispute resolution through courts rather than the ACT tribunal in specified respects (s23AA).\n\nImplementation risks to watch\n\n- Much depends on regulations the Minister may make (s24) and on how delegation is used in practice (s23B). The substance of who is eligible, permitted lease terms, rent methods and enforcement mechanisms could be set or adjusted by delegated rule‑making rather than by Parliament.\n- Short appeal windows (one month) and notice timing rules (s9) create operational risk for lessees who miss time limits.\n\nKey sections to consult for details: s3 (validation), s5–9 (granting and rent-setting), s10–17 (appeals and fair rent), s18–20 (relief, discharge, fees), s23 and s23AA (fencing and application of ACT tenancy law), s23A–B (reviews and delegation), s24–25 (regulations and savings)."}},"importantCases":[],"_links":{"self":"/api/acts/leases-ordinance-1992-jervis-bay-territory","history":"/api/acts/leases-ordinance-1992-jervis-bay-territory/history","analysis":"/api/acts/leases-ordinance-1992-jervis-bay-territory/analysis","conflicts":"/api/acts/leases-ordinance-1992-jervis-bay-territory/conflicts","importantCases":"/api/acts/leases-ordinance-1992-jervis-bay-territory/important-cases","documents":"/api/acts/leases-ordinance-1992-jervis-bay-territory/documents"}}