Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_42
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 42
Character Range: 1542899–1544346

42  Compensation
 (1) If a person suffers financial loss or damage because of anything done by a carrier under Division 2, 3 or 4 in relation to:
 (a) any property owned by the person; or
 (b) any property in which the person has an interest;
there is payable to the person by the carrier such reasonable amount of compensation:
 (c) as is agreed between them; or
 (d) failing agreement—as is determined by a court of competent jurisdiction.
 (2) Compensation payable under subclause (1) includes, without limitation, compensation in relation to:
 (a) damage of a temporary character as well as of a permanent character; and
 (b) the taking of sand, soil, stone, gravel, timber, water and other things.
 (3) In this clause:
court of competent jurisdiction, in relation to property, means:
 (a) the Federal Court; or
 (b) the Supreme Court of the State or Territory in which the property is situated or was situated at the time of the relevant loss or damage; or
 (c) an inferior court that has jurisdiction:
 (i) for the recovery of debts up to an amount not less than the amount of compensation claimed by the person; and
 (ii) in relation to the locality in which the property, or part of the property, is situated or was situated at the time of the relevant loss or damage.
inferior court means:
 (a) a County Court, District Court or local Court of a State or Territory; or
 (b) a court of summary jurisdiction exercising civil jurisdiction.