Document ID: chunk:federal_register_of_legislation:C2014A00095:clause:1_121a
Version: federal_register_of_legislation:C2014A00095
Segment Type: clause
Provision Reference: sch 1 cl 121A
Character Range: 16394–17720

121A  Validation of declaration and past acts in relation to the Woomera Prohibited Area
 (1) This section applies in relation to:
 (a) the declaration of the Woomera Prohibited Area under regulation 35 of the Defence Force Regulations 1952 by notice published in the Gazette on 12 July 1989; and
 (b) things done (the past acts) by the Commonwealth under regulation 35 of the Defence Force Regulations 1952 as a result of the declaration.
 (2) The declaration and past acts are taken always to have been valid.
 (3) To the extent that, apart from subsection (2) and this subsection, the declaration and past acts would be invalid because they 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.
 (4) 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 or another court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
 (5) In this section:
valid includes having full force and effect.

Defence Force Regulations 1952