Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:5_21a:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 5 cl 21A (pt 2/2)
Character Range: 352822–354756

a State or a Territory; and
 (d) the conduct does not result in significant loss of, or serious damage to, property; and
 (e) subsection (1) does not apply to the conduct;
the person or body is not subject to any civil liability for, or in relation to, the conduct.

Copies of, or extracts from, documents
 (6) The Organisation may make and retain copies of, or take and retain extracts from, a document given or produced to the Organisation:
 (a) in accordance with a request under paragraph (1)(a); or
 (b) under paragraph (5)(a).

Subsections (1) and (5) have effect despite other laws
 (7) Subsections (1) and (5) have effect despite anything in a law of the Commonwealth, a State or a Territory (whether passed or made before or after the commencement of this section) unless the law expressly provides otherwise.

Certificate
 (8) The Director‑General may give a certificate in writing certifying one or more facts relevant to the question of whether the Director‑General was satisfied, on reasonable grounds, that particular conduct was likely to assist the Organisation in the performance of its functions.
 (9) In any proceedings that involve determining whether subsection (1) or (5) applies to particular conduct, a certificate given under subsection (8) is prima facie evidence of the facts certified.

Compensation for acquisition of property
 (10) If the operation of this section would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (11) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.