Document ID: chunk:federal_register_of_legislation:C2019A00114:clause:1_55
Version: federal_register_of_legislation:C2019A00114
Segment Type: clause
Provision Reference: sch 1 cl 55
Character Range: 14120–15737

55  Validation of determinations
(1) This item applies if, before the commencement of this item:
 (a) the Board made, or purported to make, a determination under subsection 7C(2) or (3) of the Australian Crime Commission Act 2002, as in force immediately before the commencement of this item; and
 (b) the determination would, apart from this item, be invalid or ineffective because it did not satisfy the requirements of that Act.
(2) The determination, and any other thing done in relation to the determination, is as valid and effective, and is taken always to have been as valid and effective, as it would have been had the determination satisfied those requirements.
(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 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, a determination referred to in subitem (1).
(6) In this item, determination includes purported determination.