(1) Where a person has made a claim for compensation, or the Minister has made an offer of compensation to a person under subsection 101A(1), (2) or (3), the person or the Commonwealth may, subject to subsection (2), institute proceedings in the Federal Court for a determination of the amount of compensation to which the person is entitled.
(2) Proceedings shall not be instituted under subsection (1) by the Commonwealth until at least 3 months after the making of the claim or the offer of compensation under subsection 101A(1), (2) or (3).
(3) The amount of compensation payable to the person under this Part is the amount that the Court determines.