(1) If the Racial Discrimination Act 1975 has the effect that compensation is payable to native title holders in respect of an act that validly affects native title to any extent, the compensation, in so far as it relates to the effect on native title, is to be determined in accordance with section 50 as if the entitlement arose under this Act.
(2) If the act took place before 1 January 1994 and is
attributable to the Commonwealth, a State or a Territory, the native title
holders may recover the compensation from the Commonwealth, the State or the
Territory, as the case requires.