Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 43AD

Compensation for acquisition of property

  (1)   If the operation of:

  (b)   section   43AA; or

  (c)   section   43AB; or

  (d)   section   43AC;

in relation to the provision of a program to the licensee of a commercial television broadcasting licence would result in an acquisition of property from a person otherwise than on just terms, the licensee is liable to pay a reasonable amount of compensation to the person.

  (2)   If the licensee and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the licensee of such reasonable amount of compensation as the court determines.

  (3)   In this section:

"acquisition of property" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.


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