Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:1_73aada
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 1 cl 73AADA
Character Range: 7454–8609

73AADA  Compensation for acquisition of property
 (1) If:
 (a) the operation of:
 (i) paragraph 73AAD(2)(d); or
 (ii) subsection 73AAD(3);
  in relation to a registered organization would result in an acquisition of property from a person otherwise than on just terms; and
 (b) subitem 58(3) of Schedule 2 to the Medibank Private Sale Act 2006 does not apply in relation to that operation;
the organization is liable to pay a reasonable amount of compensation to the person.
 (2) If the organization and the person do not agree on the amount of the compensation, the person may institute proceedings in the Court for the recovery from the organization of such reasonable amount of compensation as the court determines.
 (3) The organization may make a payment from its health benefits fund for the purpose of paying compensation under this section.
 (4) A payment, or a decision to make a payment, under subsection (3) does not contravene section 73AAC or 73AAD.
 (5) In this 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.