Document ID: chunk:federal_register_of_legislation:C2024C00450:section:96
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 96
Character Range: 102135–103794

96  Entitlement to compensation—pre‑acquisition declaration or section 24 certificate made but acquisition not proceeded with
 (1) Where:
 (a) a pre‑acquisition declaration is revoked or ceases to have effect because of subsection 44(2) or 46(3);
 (b) a person who, when the declaration was in force, was an owner of an interest affected by the declaration, suffers loss as a direct, natural and reasonable consequence of the making of the declaration; and
 (c) either:
 (i) within 3 years after the declaration is revoked or ceases to have effect, the person claims compensation in accordance with section 97 in respect of the loss; or
 (ii) the Minister makes an offer of compensation to the person under subsection 101A(2) in respect of the loss;
the Commonwealth is liable to pay to the person as compensation such amount as will justly compensate him or her for the loss.
 (2)  Where:
 (a) a certificate under section 24 is revoked or ceases to have effect because of subsection 46(3);
 (b) a person who, when the certificate was in force, was a person affected by the certificate, suffers loss as a direct, natural and reasonable consequence of the giving of the certificate; and
 (c) either:
 (i) within 3 years after the certificate is revoked or ceases to have effect, the person claims compensation in accordance with section 97 in respect of the loss; or
 (ii) the Minister makes an offer of compensation to the person under subsection 101A(3) in respect of the loss;
the Commonwealth is liable to pay to the person as compensation such amount as will justly compensate him or her for the loss.

Division 2—Claims for, and offers of, compensation