Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:1_9
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 37220–39807

9                                                         (a) none of the other items apply; and                                                                                                                                                                                                                                              (a) direct the ADI to pay the amount secured to the Registrar; and
                                                          (b) the Federal Court decides, on application by any person, that it would be just and equitable in all the circumstances to pay the amount secured by bank guarantee to a person (the ultimate beneficiary)                                                                        (b) pay that amount to the ultimate beneficiary.

Application to the Federal Court where compensation includes transfer of property or provision of goods or services

 (3) If:
 (a) a determination is made, on a claim for compensation in respect of the act:
 (i) in accordance with this Division; or
 (ii) on just terms under a law of the Commonwealth or of a State or Territory dealing with the compulsory acquisition of rights or interests in the land or waters in relation to which compensation is claimed;
  that a person is entitled to compensation; and
 (b) some or all of the compensation is constituted by the transfer of property or the provision of goods or services;
the Registrar must apply to the Federal Court for a direction as to the payment of the amount secured.

Federal Court jurisdiction

 (4) The Federal Court has jurisdiction in relation to the matters mentioned in:
 (a) items 5, 8 and 9 of the table in subsection (2); and
 (b) subsection (3).

Compensation payable is greater amount than that secured

 (5) If:
 (a) a determination is made, on a claim for compensation in respect of the act:
 (i) in accordance with this Division; or
 (ii) on just terms under a law of the Commonwealth or of a State or Territory dealing with the compulsory acquisition of rights or interests in the land or waters in relation to which compensation is claimed;
  that a person is entitled to compensation; and
 (b) the amount secured by the bank guarantee is less than the amount determined;
the Government party must pay the shortfall to the person.

No compensation if already paid under bank guarantee

 (6) Subject to section 53, if the Registrar pays an amount to a registered native title body corporate in accordance with item 3 of the table in subsection (2), there is no entitlement to compensation under Division 3 for the act.