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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.