Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 98D

Compensation

  (1)   In this section:

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

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.

  (2)   If the operation of this Act (other than section   43AA, section   43AB or section   43AC) would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

  (3)   If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.



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