Document ID: chunk:federal_register_of_legislation:C2024C00562:section:67:p2
Version: federal_register_of_legislation:C2024C00562
Segment Type: section
Provision Reference: s 67 (pt 2/2)
Character Range: 122662–123854

item to the relevant person.
 (7) Where:
 (a) the period of 14 days referred to in paragraph (5)(b) expires without the relevant person having applied to the Minister, in writing, for return of the material or item; or
 (b) the relevant person applies to the Minister, in writing, within that period of 14 days for return of the material or item and the Minister rejects the application;
the Minister may, in writing, authorise the return or transfer of the material or item to the relevant country in accordance with the prescribed agreement and, where the Minister does so, property in the material or item thereupon vests in the Commonwealth.
 (8) Where, but for this subsection, the operation of this section would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed upon between the person and the Commonwealth or, failing agreement, as is determined by the Federal Court of Australia.
 (9) In subsection (8), acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.

Division 5—Miscellaneous