Document ID: chunk:federal_register_of_legislation:C2012C00793:section:62:p1
Version: federal_register_of_legislation:C2012C00793
Segment Type: section
Provision Reference: s 62 (pt 1/3)
Character Range: 41394–45358

62  Compensation for acquisition of property

 (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the transferring body such reasonable amount of compensation as is agreed upon between the person and the transferring body or, failing agreement, as is determined by a court of competent jurisdiction.

 (2) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than by virtue of this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.

 (3) In this section, acquisition of property and just terms have the same respective meanings as in paragraph 51(31) of the Constitution.
Notes to the Australian Airlines (Conversion to Public Company) Act 1988

Note 1

The Australian Airlines (Conversion to Public Company) Act 1988 as shown in this compilation comprises Act No. 6, 1988 amended as indicated in the Tables below.

Table of Acts
Act                                                                  Number     Date          Date of commencement                                                               Application, saving or transitional provisions
                                                                     and year   of Assent
Australian Airlines (Conversion to Public Company) Act 1988          6, 1988    9 March 1988  Ss. 15, 16, 52(2), 55, 57, 60 and 69(2): 30 Apr 1988 (see Gazette 1988, No. S117)
                                                                                              S. 52(1): 29 June 1988 (a)
                                                                                              S. 52(3): (a)
                                                                                              Remainder: Royal Assent
Transport and Communications Legislation Amendment Act (No. 2) 1989  23, 1990   17 Jan 1990   17 Jan 1990 (b)                                                                    S. 2(3)–(9)
Airlines Agreement (Termination) Act 1990                            73, 1990   24 Sept 1990  31 Oct 1990                                                                        —
Transport and Communications Legislation Amendment Act 1990          11, 1991   21 Jan 1991   S. 45: (c)                                                                         —
Qantas Sale Act 1992                                                 196, 1992  21 Dec 1992   Schedule (Part 2): 10 Mar 1993 (see Gazette 1993, No. GN17) (d)                    S. 39
                                                                                              Schedule (Part 4): 30 July 1995 (see Gazette 1995, No. S324) (d)                   S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)
                                                                                              Schedule (Part 7): (d)
as amended by
Qantas Sale Amendment Act 1993                                       60, 1993   3 Nov 1993    10 Mar 1993                                                                        —
Qantas Sale Amendment Act 1994                                       168, 1994  16 Dec 1994   S. 3 (item 17): Royal Assent (e)                                                   —
Statute Law Revision Act 2012                                        136, 2012  22 Sept 2012  Schedule 6 (items 6, 7): Royal Assent                                              —

(a) (3) Subsection 52(1) shall come into operation on the day after subsection 11(3) is complied with.
 Subsection 11(3) was complied with on 28 June 1988.
 (4) Subsection 52(3) shall come into operation immediately after the commencement of section 15.
 Section 15 commenced on 30 April 1988.
      (b) (2) The amendment of the Australian Airlines (Conversion