13Review of Ministerial determination of rent

13 Review of Ministerial determination of rent

Scope (1) This section applies if: (a) the rent payable under a lease is reviewed by the Minister in accordance with a power to do so under the lease; and (b) the Minister has given the lessee written notice of the outcome of the review; and (c) the lease does not provide a binding mechanism for independent determination if the Commonwealth and the lessee cannot agree on the amount of the rent, as reviewed. Minister’s reconsideration of reviewed rent (2) The lessee may, within the period ending 20 business days after being given notice of the reviewed rent or any longer period that the Minister allows, apply to the Minister in writing to reconsider the reviewed rent. (3) The making of an application does not affect the obligation of the lessee to pay the rent, as reviewed, or prevent the taking of action to enforce the obligation. (4) On an application, the Minister must: (a) confirm the amount of the rent, as reviewed; or (b) set aside the reviewed rent and substitute another amount of rent that the Minister considers appropriate.