Document ID: chunk:federal_register_of_legislation:C2019A00114:clause:1_56
Version: federal_register_of_legislation:C2019A00114
Segment Type: clause
Provision Reference: sch 1 cl 56
Character Range: 15737–17632

56  Validation of the exercise of powers etc.
(1) This item applies:
 (a) in relation to a thing done by a person in connection with a special ACC operation/investigation before the commencement of this item:
 (i) in the performance of any function; or
 (ii) in the exercise of any power;
  under a provision of the Australian Crime Commission Act 2002; and
 (b) to the extent that the doing of the thing would, apart from this item, be invalid or ineffective because no investigation or intelligence operation was being undertaken at the time the thing was done.
(2) The thing done is as valid and effective, and is taken always to have been as valid and effective, as it would have been if an investigation or intelligence operation were being undertaken at the time the thing was done.
(3) If, and to the extent that, 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.
(4) 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 Federal Court determines.
(5) This item does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court on or before the commencement of this item, to the extent that those rights or liabilities arose from, or were affected by, the doing of a thing referred to in subitem (1).
(6) In this item:
exercise of a power includes a purported exercise of a power.
performance of a function includes a purported performance of a function.

Parliamentary Joint Committee on Law Enforcement Act 2010