Customs Act 1901

PART I - INTRODUCTORY  

SECTION 4AB   COMPENSATION FOR ACQUISITION OF PROPERTY  

4AB(1)   [Amount of compensation]  

If:


(a) this Act would result in an acquisition of property; and


(b) any provision of this Act would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth must pay that person:


(c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or


(d) failing agreement - a reasonable amount of compensation determined by a court of competent jurisdiction.

4AB(2)   [Compensation recovered from other proceedings]  

Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.

4AB(3)   [Acquistion of property]  

In this section:

acquisition of property
has the same meaning as in paragraph 51(xxxi) of the Constitution.

4AB(4)   [Appropriation]  

The Consolidated Revenue Fund is appropriated for the purposes of making payments under this section.


 

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