Document ID: chunk:federal_register_of_legislation:C2024C00224:section:20
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 20
Character Range: 52031–53284

20  Entitlement to compensation

Compensation where validation
 (1) If a law of a State or Territory validates a past act attributable to the State or Territory in accordance with section 19, the native title holders are entitled to compensation if they would be so entitled under subsection 17(1) or (2) on the assumption that section 17 applied to acts attributable to the State or Territory.

Compensation where no validation
 (2) Native title holders are entitled to compensation for the past act attributable to a State or Territory that, at the time when the claim for compensation is determined, has not been validated by the State or Territory in accordance with section 19.

Recovery of compensation
 (3) The native title holders may recover the compensation from the State or Territory.

States or Territories may create compensation entitlement
 (4) This section does not prevent a law of a State or Territory from creating an entitlement to compensation for a past act or for the validation of a past act.
Note: Paragraph 49(b) deals with the situation where there are multiple rights to compensation under Commonwealth, State and Territory laws.

Division 2A—Validation of intermediate period acts etc.

Subdivision A—Overview of Division