Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 99

99. (1) Where:

   (a)  a notice under subsection 98 (2) has been, or is to be taken to have
        been, given to a person who has made a claim for compensation; and

   (b)  the claimant has not made an application to the Federal Court under
        section 100 in respect of the rejection of the claim; the claimant may
        apply to the Administrative Appeals Tribunal for a review of the
        decision of the Minister to reject the claim.

(2) Subject to subsections (3) and (4), the Administrative Appeals Tribunal 
Act 1975 applies to the application.

(3) Section 29 of the Administrative Appeals Tribunal Act 1975 applies to the
application as if the prescribed time for the lodging of the application with
the Tribunal were the period of 3 months commencing on the day on which the
notice under subsection 98 (2) was given, or is to be taken to have been
given, to the person.

(4) On the application, the Tribunal may exercise all the powers and
discretions conferred by this Act on the Minister in deciding whether to
accept or reject the claim for compensation and shall make a decision:

   (a)  affirming the rejection of the claim by the Minister; or

   (b)  accepting the claim.

(5) If the decision of the Tribunal in relation to the application affirms the
rejection by the Minister of the claim for compensation, the claimant shall be
taken, for the purposes of this Act, not to be entitled to compensation in
respect of the loss to which the claim relates.

(6) If the decision of the Tribunal in relation to the application is to
accept the claim for compensation rejected by the Minister:

   (a)  the claimant shall be taken, for the purposes of this Act, to be
        entitled to compensation in respect of the loss to which the claim
        relates; and

   (b)  the Minister shall give a notice under subsection 98 (1) to the
        claimant.