Document ID: chunk:federal_register_of_legislation:C2025A00010:clause:1_3
Version: federal_register_of_legislation:C2025A00010
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 2520–5020

3  Validation of past insurance activities

Validation
(1) The Commonwealth and the Secretary of the Department are taken to have had, at all times on and after 1 January 1990, the powers conferred by section 39 of the Defence Service Homes Act 1918 as inserted by this Schedule.
(2) An arrangement covered by subitem (3), or a thing covered by subitem (4), is taken for all purposes to be, and to have always been, as valid and effective as it would have been if:
 (a) the Commonwealth and the Secretary of the Department had always had the powers conferred by section 39 of the Defence Service Homes Act 1918 as inserted by this Schedule; and
 (b) the arrangement had been made or the thing had been done by the Secretary of the Department.
(3) For the purposes of subitem (2), this subitem covers an arrangement (whether or not still in force) that:
 (a) was purportedly made, on or after 1 January 1990 and before this item commences, on behalf of the Commonwealth by a person working in or for the Department; and
 (b) was or is an arrangement for the Commonwealth to be an agent (including an authorised representative) of an insurer, in relation to insurance within the meaning of paragraph 51(xiv) of the Constitution, other than State insurance that does not extend beyond the limits of the State concerned.
(4) For the purposes of subitem (2), this subitem covers a thing that was done or purportedly done, on or after 1 January 1990 and before this item commences, by a person working in or for the Department.
(5) This item has effect despite any effect on the accrued rights of any person. However, it does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court before this item commences.

Compensation for acquisition of property
(6) If the operation of this item would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(7) 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.

[Minister's second reading speech made in—
House of Representatives on 5 February 2025
Senate on 10 February 2025]

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