Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3a_88
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3A cl 88
Character Range: 1648021–1649407

88  Compensation for acquisition of property
 (1) If:
 (a) either of the following would result in an acquisition of property from a person:
 (i) anything done by a carrier under, or because of, this Schedule;
 (ii) the existence of rights conferred on a carrier under, or because of, this Schedule in relation to a submarine cable; and
 (b) the acquisition of property would not be valid, apart from this section, because a particular person had not been compensated;
the carrier must pay that person:
 (c) a reasonable amount of compensation agreed on between the person and the carrier; or
 (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
 (2) In assessing compensation payable under this clause arising out of an event, the following must be taken into account:
 (a) any compensation obtained by the person as a result of an agreement between the person and the carrier otherwise than under this clause but arising out of the same event;
 (b) any damages or compensation recovered by the person from the carrier, or other remedy given, in a proceeding begun otherwise than under this clause but arising out of the same event.
 (3) This clause does not limit the operation of clause 87.
 (4) In this clause:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Part 5—Miscellaneous