Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_43ad
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 43AD
Character Range: 45493–46360

43AD  Compensation for acquisition of property

 (1) If the operation of:
 (b) section 43AA; or
 (c) section 43AB; or
 (d) section 43AC;
in relation to the provision of a program to the licensee of a commercial television broadcasting licence would result in an acquisition of property from a person otherwise than on just terms, the licensee is liable to pay a reasonable amount of compensation to the person.

 (2) If the licensee and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the licensee of such reasonable amount of compensation as the court determines.

 (3) 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.