Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 91

91. (1) This section applies where the Commonwealth is liable to pay
compensation to a claimant under this Part in respect of the acquisition of an
interest, other than a mortgage interest.

(2) The claimant is entitled to payment by the Commonwealth of interest on the
compensation at the rate specified in, or ascertained in accordance with, the
regulations from the day of the acquisition until the day on which the
compensation is paid or, where payment is delayed through a default or delay
of the claimant, until the day on which the compensation would have been paid
but for the default or delay.

(3) For the purposes of subsection (2), if:

   (a)  the Minister made an offer of compensation to the claimant;

   (b)  the claimant rejected the offer; and

   (c)  the amount of compensation determined under this Part is less than the
        amount of the offer; the payment of the compensation shall be taken to
        have been delayed through a delay of the claimant and the day on which
        the compensation would have been paid but for that delay shall be
        taken to be the day on which the claimant received notice of the
        offer.

(4) If, on the day following the end of the period of 3 months that commenced
on the day of the acquisition or any succeeding period of 3 months, the
interest payable to the claimant under subsection (2) in respect of the period
has not been paid, this Part has effect as if, on that day, the amount of
compensation payable were increased by the amount of the unpaid interest.

(5) Interest is not payable to the claimant on the whole or any part of the
compensation otherwise than in accordance with this section.