Customs Act 1901

PART VI - THE EXPORTATION OF GOODS  

Division 3A - Examining goods for export that are not yet subject to customs control  

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History

Div 3A heading substituted by No 41 of 2015, s 3 and Sch 1 item 486, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

Div 3A inserted by No 95 of 2001, s 3, Sch 1, item 5.

SECTION 122Q   COMPENSATION  

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122Q(1)    

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If a person ' s property is damaged as a result of an exercise of a power under this Division, the person is entitled to compensation of a reasonable amount payable by the Commonwealth for the damage.

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History

S 122Q(1) amended by No 41 of 2015, s 3 and Sch 1 item 490, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

122Q(2)    

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The Commonwealth must pay the person such reasonable compensation as the Commonwealth and the person agree on. If they fail to agree, the person may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

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History

S 122Q(2) amended by No 41 of 2015, s 3 and Sch 1 items 491 and 492, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

122Q(3)    
In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees or agents of the occupier, if they were available at the time, had provided any warning or guidance that was appropriate in the circumstances.

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