Document ID: chunk:federal_register_of_legislation:C2004C00908:clause:5_3:p2
Version: federal_register_of_legislation:C2004C00908
Segment Type: clause
Provision Reference: sch 5 cl 3 (pt 2/2)
Character Range: 61735–64076

of a reasonable amount to the person in respect of the acquisition.

(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Section 70 of the Defence Act 1903

(10) This item has effect despite anything in section 70 of the Defence Act 1903.

Definitions

(11) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Commonwealth agency means:
 (a) a Department; or
 (b) an agency or instrumentality of the Commonwealth.
designated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Notes to the Australian National Railways Commission Sale Act 1997

Note 1

The Australian National Railways Commission Sale Act 1997 as shown in this compilation comprises Act No. 96, 1997 amended as indicated in the Tables below.

Table of Acts

Table of Acts
Act                                                    Number    Date          Date of commencement                                                                                                           Application, saving or transitional provisions
                                                       and year  of Assent
Australian National Railways Commission Sale Act 1997  96, 1997  30 June 1997  Schedule 3 (items 1–11) and Schedule 4 (items 1, 3–20): 1 November 2000 (see s. 2(2), (3) and (5) and Gazette 2000, No. S562)
                                                                               Remainder: Royal Assent
Transport Legislation Amendment Act 2000               74, 2000                Schedule 2 (items 2, 3): 28 June 2000                                                                                          —

Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
 Provision affected                                                                    How affected
Schedule 3...............                                                             am. No. 74, 2000