Security Legislation Amendment (Critical Infrastructure) Act 2021 (124 of 2021)

Schedule 1   Security of critical infrastructure

Part 1   General amendments

Security of Critical Infrastructure Act 2018

70   After section 60

Insert:

60AA Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from an entity otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the entity.

(2) If the Commonwealth and the entity do not agree on the amount of the compensation, the entity may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

60AB Service of notices, directions and instruments by electronic means

Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 do not apply to a notice, direction or instrument under:

(a) this Act; or

(b) the rules; or

(c) the Regulatory Powers Act, so far as that Act relates to this Act.

Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 deal with the consent of the recipient of information to the information being given by way of electronic communication.