Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Wednesday, 1 August 1906


Senator KEATING (Tasmania) (Honorary Minister) . - The honorable senator must have misread the provision. There is nothing to prevent the Minister giving notice of the intention to acquire land nine months before it is acquired. The provision now under consideration is an obligation cast upon the Minister, and not a power given to him.


Senator Best - To protect the mortgagee.


Senator KEATING - Exactly. It is not a power given to the Minister, but a duty cast upon him. We provide, first of all, that if any land acquired under the Bill by agreement is subject to a mortgage, the Minister may pay off the mortgage. Then we prescribe how he shall do it, and, in order thereto, we provide that the Minister shall give notice to the mortgagee. If the Minister knows that the land will be required twelve months before it is necessary to acquire it, there is nothing to prevent him giving twelve months' notice of the intention to resume the land. But this provision imposes a duty upon the Minister to give a certain notice.

Clause agreed to.

Clauses 50 to 55 agreed to.

Clause 56 -

If any land acquired under this Act, whether by agreement or by compulsory process, was, immediately prior to its acquisition, subject to any encumbrance jointly with any other land, and the land so acquired is released by virtue of this Act or any release or instrument from the encumbrance, then, subject to any agreement between the parties, the other land shall continue to be subject to the whole of the encumbrance or part thereof as the case requires, and the party entitled to the charge shall have the same rights and remedies in respect of the land continuing subject to the encumbrance or part thereof as the case requires as he previously had in respect of the whole of the land.

2.   If any encumbrance is released in pursuance of this Act, the Attorney-General shall, upon the deed or instrument creating or transferring the encumbrance being tendered to him for the purpose, sign a memorandum indorsed on the deed or instrument specifying the part of the land originally subject to the encumbrance which has been acquired under this Act, and -

(a)   how much, if any, of the encumbrancewhich has been released and how much continues payable ; or

(b)   that the remaining land is thenceforward to remain exclusively charged with thewhole of the charge or encumbrance.







Suggest corrections