Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p43
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 112266–115093

a public register that specifies the following information for each determination:

    (a) the names of the parties to the determination;

    (b) the service to which the determination relates;

    (c) the date on which the determination was made.

Commission may perform functions under other access regimes

"44ZZM. A State or Territory law that establishes an access regime may confer functions on the Commission for the purposes of that law, in accordance with any relevant agreement between the Commonwealth and the State or Territory concerned.

Compensation for acquisition of property

"44ZZN.(1) If:

    (a) a determination would result in an acquisition of property; and

    (b) the determination would not be valid, apart from this section, because a particular person has not been sufficiently compensated;

the Commonwealth must pay that person:

    (c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or

    (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

"(2) In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction:

    (a) any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section;

    (b) compensation awarded under a determination.

"(3) In this section, 'acquisition of property' has the same meaning as in paragraph 51(xxxi) of the Constitution.

Conduct by directors, servants or agents

"44ZZO.(1) If, in a proceeding under this Part in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate in relation to particular conduct, it is sufficient to show:

    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

    (b) that the director, servant or agent had the state of mind.

"(2) Any conduct engaged in on behalf of a body corporate:

    (a) by a director, servant or agent of the body corporate within the scope of the person's actual or apparent authority; or

    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

is taken for the purposes of this Part to have been engaged in also by the body corporate, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

"(3) If, in a proceeding under this Part in respect of