Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 4AB

  (1)   If:

  (a)   this Act would result in an acquisition of property; and

  (b)   any provision of this Act would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth must pay that person:

  (c)   a reasonable amount of compensation agreed on between the person and the Commonwealth; or

  (d)   failing agreement--a reasonable amount of compensation determined by a court of competent jurisdiction.

  (2)   Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.

  (3)   In this section:

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

  (4)   The Consolidated Revenue Fund is appropriated for the purposes of making payments under this section.