Document ID: chunk:federal_register_of_legislation:C2004C07091:section:20
Version: federal_register_of_legislation:C2004C07091
Segment Type: section
Provision Reference: s 20
Character Range: 21410–23970

20  Termination of leases, &c
 (1) Upon the cancellation, under section 143 of the Conciliation and Arbitration Act 1904-1965 or by the operation of section 18 of this Act, of the registration of the Federation under the Conciliation and Arbitration Act 1904-1965:
 (a) any lease or tenancy of any land that the Federation, or an officer or member of the Federation in his capacity as such an officer or member, has from the Commonwealth or from the Authority; and
 (b) any subsisting right or licence to occupy or use any land, building or wharf, or any part of any building or wharf, that has been granted by the Commonwealth or by the Authority to the Federation, or to an officer or member of the Federation in his capacity as such an officer or member, is, by force of this section, terminated.
 (2) Where the operation of the last preceding sub-section results in the acquisition of any property from the Federation or from an officer or member of the Federation, the Commonwealth is liable to pay to the Federation or to that officer or member such compensation as is determined by agreement between the Commonwealth and the Federation, or between the Commonwealth and that officer or member, as the case may be, or, in the absence of agreement, by action brought by the Federation or that officer or member against the Commonwealth in a court of competent jurisdiction.
 (3) For the purposes of the last preceding sub-section, the following courts are courts of competent jurisdiction:
 (a) the High Court;
 (b) the Supreme Court of the State or Territory in which the land, building or wharf is situated; and
 (c) a County Court, District Court, Local Court or Magistrates Court of a State or Territory, presided over by a Judge or by a Chief, Police, Stipendiary, Resident or Special Magistrate, being a court that has jurisdiction:
 (i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed; and
 (ii) in respect of the locality in which the land, building or wharf is situated.
 (4) The courts of the States referred to in the last preceding sub- section are invested with federal jurisdiction, and jurisdiction is conferred on the courts of the Territories referred to in that sub-section, to the extent necessary for the purposes of this section.
 (5) The jurisdiction with which a court of a State is invested by the last preceding sub-section is subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2) of section 39 of the Judiciary Act 1903-1960.