35Enforcement of restrictions on holdings

35 Enforcement of restrictions on holdings (1) The Minister may, at any time, by written notice to a person, whether or not the person is a resident of the Territory, require the person to make, and cause to be delivered to the Minister, within such time as is specified in the notice, a statutory declaration setting out particulars of: (a) an area of pastoral land the person holds or in which the person has a direct or indirect beneficial interest within the meaning of section 34; and (b) the time and circumstances under which the person acquired the land or interest; and (c) the identity and place of residence or business of an associate within the meaning of section 34(1) in relation to the land and the time and circumstances under which the association was established; and (d) the identity and place of residence or business of all persons for whom the person specified in the notice holds pastoral land as trustee or nominee; and (e) such other information as the Minister requires for the purpose of ascertaining if a person, whether or not the person requested to make the statutory declaration, is or has been in contravention of section 34(1). (2) The notice need not identify particular pastoral land or the lessee of pastoral land. Pastoral Land Act 1992 23 (3) In the case of a notice addressed to a corporation, the statutory declaration must be completed by its secretary or by one of its directors. (4) A person commits an offence if: (a) the person receives a notice under subsection (1); and (c) the conduct results in a contravention of the notice and the Maximum penalty: 440 penalty units and 8 penalty units for (4A) Strict liability applies to subsection (4)(a). (4B) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse. (5) The Minister may, by written notice, require a person (the applicant) making an application under section 68(1) to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires in order to be satisfied that, on the completion of the proposed transaction, the applicant or another person would not contravene section 34(1). (5A) The Minister may, by written notice, require a person (an interested person) who, if an application under section 68(1) is approved, would gain an interest in the land subject to the application to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires to be satisfied that, on the completion of the proposed transaction, the interested person or another person would not contravene section 34(1). (6) The Minister must not refer an application to the Board under section 68(2), or consent to the proposed lease transaction, until the applicant or the interested person has complied with a notice under subsection (5) or (5A). (7) Where the Minister has reasonable grounds to believe that a contravention of section 34(1) has occurred, and for the purpose of forming that belief the Minister may take into account the failure of a person to comply with a notice given under subsection (1), the Minister may give notice of intention to the lessee of the pastoral land in relation to which the suspected contravention has occurred, to forfeit the lease or any other pastoral lease of the lessee, and Pastoral Land Act 1992 24 the notice must specify the grounds and a period of time (being not less than 28 days) within which representations and submissions (including in relation to the divesting of interests) may be made to the Minister. (8) Where the Minister gives a notice under subsection (7), the Minister may, at the Minister's discretion, and at any time, give a copy of the notice to any other person considered by the Minister to have an interest in the pastoral land. (9) Within the time specified in the notice, the lessee and any other person claiming to have an interest in the pastoral land the subject of the lease may make representations and submissions to the Minister, in writing or in such other manner as the Minister agrees or requires. (10) As soon as practicable after the expiration of the time specified in the notice under subsection (7), or within such further time as the Minister requires to consider representations or submissions made to the Minister under that subsection, the Minister must decide whether or not to forfeit the lease specified in the notice, and in the case of a decision to forfeit, must give not less than 28 days notice of the Minister's intention to the lessee and to such other persons as in the Minister's discretion the Minister thinks fit, and must, subject to section 53, by Gazette notice, forfeit the lease. (11) The Minister must state in the notice of forfeiture the contravention of section 34(1) that has occurred. (12) A notice of intention to forfeit, and a forfeiture, may be given and effected, as the case may be, in respect of the whole or part only of the pastoral land the subject of a lease. (13) An amount equal to the reasonable costs incurred by or on behalf of the Minister in investigating a matter leading to an action resulting in the forfeiture of land under this section is a debt due and payable to the Territory by the person against whom the action is taken.