Commonwealth Consolidated Acts

AUSTRALIAN AIRLINES (CONVERSION TO PUBLIC COMPANY) ACT 1988 - SECT 62

  (1)   Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the transferring body such reasonable amount of compensation as is agreed upon between the person and the transferring body or, failing agreement, as is determined by a court of competent jurisdiction.

  (2)   Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than by virtue of this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.

  (3)   In this section, acquisition of property and just terms have the same respective meanings as in paragraph 51(31) of the Constitution.

Notes to the Australian Airlines (Conversion to Public Company) Act 1988

Note 1

The Australian Airlines (Conversion to Public Company) Act 1988 as shown in this compilation comprises Act No.   6, 1988 amended as indicated in the Tables below.

Table of Acts

(a)   (3)   Subsection 52(1) shall come into operation on the day after subsection 11(3) is complied with.

  Subsection 11(3) was complied with on 28   June 1988.

  (4)   Subsection 52(3) shall come into operation immediately after the commencement of section   15.

  Section   15 commenced on 30   April 1988.

(b)   (2)   The amendment of the Australian Airlines (Conversion to Public Company) Act 1988 made by this Act is to be taken to have commenced on the day on which that first - mentioned Act received the Royal Assent.

  The Australian Airlines (Conversion to Public Company) Act 1988 came into operation on 9   March 1988.

(c)   The Australian Airlines (Conversion to Public Company) Act 1988 was amended by section   45 only of the Transport and Communications Legislation Amendment Act 1991 , paragraph 2(13)(a) of which provides as follows:

  (13)   The amendments made in the Schedule are taken to have commenced as follows:

  (a)   the amendment of the Australian Airlines (Conversion to Public Company) Act 1988 is taken to have commenced immediately after the commencement of subsection 69(2) of that Act;

  Subsection 69(2) commenced on 30   April 1988.

(d)   The Australian Airlines (Conversion to Public Company) Act 1988 was amended by the Qantas Sale Act 1992 , subsections 2(2), (3)(a) - (c) and (6) of which provide as follows:

  (2)   Subject to subsection   ( 3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

  (3)   A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:

  (a)   in the case of sections   30, 31, 35, 37, 39, 43 and 50 and Parts   1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and

  (b)   in the case of sections   22, 23, 26, 27, 29, 32, 33, 34, 42, 45, 46, 47, 48 and 49 and Parts   3 and 4 of the Schedule--the day is not earlier than the 50% sale day; and

  (c)   in the case of sections   25, 36, 38, 44 and 51 and Parts   5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.

  (6)   If a provision of this Act has not commenced before 31   August 1995, the provision is taken to have been repealed on that day.

  Schedule (Part   7) is taken to have been repealed on 31   August 1995.

(e)   The Qantas Sale Act 1992 was amended by section   3 (item   17) only of the Qantas Sale Amendment Act 1994 , subsection 2(1) of which provides as follows:

  (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments