Document ID: chunk:federal_register_of_legislation:C2004A03600:body:0:p3
Version: federal_register_of_legislation:C2004A03600
Segment Type: other
Provision Reference: 
Character Range: 4847–7580

section:
     'acquisition of property' has the same meaning as in paragraph 51 (xxxi) of the Constitution;
     'just terms' has the same meaning as in paragraph 51 (xxxi) of the Constitution.

"(2) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
"(3) Where the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Federal Court determines.

Entry and search etc.
"17a. (1) The Minister may, in writing, appoint a person to be an inspector for the purposes of this Act.
"(2) An inspector may, for an eligible purpose:
    (a) enter and search an eligible place;
    (b) take photographs and record occurrences in an eligible place; and
    (c) inspect, examine and take photographs and measurements of an eligible thing.
"(3) For the purposes of exercising powers under paragraph (2) (c), an inspector may stop, detain, enter and search any vehicle.
"(4) An inspector shall not enter an eligible place (other than a public place) under subsection (2), or a vehicle under subsection (3), unless:
    (a) the consent of the person in charge of the eligible place or the vehicle has been obtained;
    (b) pursuant to a warrant issued under subsection (5); or
    (c) the following conditions are satisfied:
         (i) the inspector believes on reasonable grounds that it is necessary to enter in order to prevent the concealment, loss or destruction of any thing; and
         (ii) the entry is made in circumstances of such seriousness and urgency as to require and justify immediate entry without the consent of the person in charge or the authority of a warrant issued under subsection (5).
"(5) If an eligible Judge is satisfied on information on oath by an inspector that it is reasonably necessary that the inspector should, for an eligible purpose:
    (a) enter an eligible place and exercise powers under subsection (2); or
    (b) enter a vehicle and exercise powers under paragraph (2) (c);
the eligible Judge may issue a warrant authorising the inspector (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable, to enter the eligible place, or the vehicle, and exercise the powers.
"(6) A warrant shall specify:
    (a) the purpose for which the warrant is issued;

    (b) whether entry is authorised to be made at any time of the day or night or only during specified hours of the day