The Minister for Repatriation has requested advice as to 'whether it is competent for the Commonwealth to compulsorily resume leases (of Crown lands) or Crown lands for the purposes of the War Service Homes Act'.

Section 16 of the War Service Homes Act gives the Commissioner power to acquire, subject to the consent of the Minister, any land being Crown land of a State.

Sub-section (2) of section 16 applies the provisions of the Lands Acquisition Act 1906-1916, with such modifications and adaptations as are prescribed, in relation to land acquired or to be acquired by the Commissioner.

Sub-section (3) provides that land acquired by compulsory process shall be vested in the Commissioner for an estate in fee simple and be freed and discharged from all estates, easements, etc.

The provisions of the Lands Acquisition Act, as modified for the purposes of section 16 of the War Service Homes Act, include the following:

1. 'land' includes Crown land and the Commissioner is empowered to acquire land by compulsory process;
2. 'Crown land' does not include any estate or interest therein granted by a State to any person;
3. land acquired by compulsory process vests in the Commissioner and is freed from all estates, interests, etc.;
4. upon compulsory acquisition the estate and interest of every person entitled to the land and the title of the State to any Crown land so acquired is converted into a claim for compensation.

The joint operation of the War Service Homes Act 1918-1919 and the Lands Acquisition Act 1906-1916 authorises the compulsory acquisition by the Commissioner of Crown land whether subject to lease or not. If the land is subject to lease the lease is by virtue of the acquisition terminated and the lessee's interest converted into a claim for compensation.

[Vol. 16, p. 465]