Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE ACT 1903 - SECT 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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback