Document ID: chunk:federal_register_of_legislation:C2024C00450:section:91
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 91
Character Range: 96580–98265

91  Interest payable on compensation—interests other than mortgage interests
 (1) This section applies where the Commonwealth is liable to pay compensation to a person under this Part in respect of the acquisition of an interest, other than a mortgage interest.
 (2) The person is entitled to payment by the Commonwealth of interest on the compensation at the rate specified in, or ascertained in accordance with, the regulations from the day of the acquisition until the day on which the compensation is paid or, where payment is delayed through a default or delay of the person, until the day on which the compensation would have been paid but for the default or delay.
 (3) For the purposes of subsection (2), if:
 (a) the Minister made an offer of compensation to the person;
 (b) the person rejected the offer; and
 (c) the amount of compensation determined under this Part is less than the amount of the offer;
the payment of the compensation shall be taken to have been delayed through a delay of the person and the day on which the compensation would have been paid but for that delay shall be taken to be the day on which the person received notice of the offer.
 (4) If, on the day following the end of the period of 3 months that commenced on the day of the acquisition or any succeeding period of 3 months, the interest payable to the person under subsection (2) in respect of the period has not been paid, this Part has effect as if, on that day, the amount of compensation payable were increased by the amount of the unpaid interest.
 (5) Interest is not payable to the person on the whole or any part of the compensation otherwise than in accordance with this section.