Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015
13Law to be applied
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13 Law to be applied
(1) This section applies when determining a Commonwealth tenancy dispute involving: (a) land in the Jervis Bay Territory; and (b) any of the following: (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement; (ii) the termination, or proposed termination, of a lease, licence or other arrangement; (iii) the possession, occupation or use of the land. (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions: (a) section 83 of the ACT Residential Tenancies Act; (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act; are to be applied: (c) to the extent necessary to determine the dispute; and (d) subject to the modifications set out in section 14 of this instrument. (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions: (a) Part 4 of the ACT Residential Tenancies Act; (b) section 83 of that Act; (c) clauses 92 and 93 of Schedule 1 to that Act; (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act; are to be applied: (e) to the extent necessary to determine the dispute; and (f) subject to the modifications set out in section 14 of this instrument. (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.