Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 No. 80, 1980 - SECT 41

41. After section 103 of the Principal Act the following section is inserted:
Suspension of rights conferred by permit

"103A. (1) Where the Joint Authority is satisfied that it is necessary to do
so in the national interest, it shall, by instrument in writing served on the
permittee, suspend, either for a specified period or indefinitely, all or any
of the rights conferred by the permit.



"(2) Where any rights are suspended in accordance with sub-section (1), any
conditions required to be complied with in the exercise of those rights are
also suspended.



"(3) The Joint Authority may, by instrument in writing served on the
permittee, terminate a suspension of rights under sub-section (1).



"(4) Where rights conferred by a permit are suspended in accordance with
sub-section (1), the Joint Authority may, by the instrument of suspension or
by a later instrument in writing served on the permittee, extend the term of
the permit by a period not exceeding the period of the suspension.



"(5) If an instrument under this section results in the acquisition of
property from a person, being an acquisition of property within the meaning of
paragraph 51 (xxxi) of the Constitution, the Commonwealth is liable to pay to
that person such compensation as is determined by agreement between the
Commonwealth and that person or, in the absence of agreement, by action
brought by that person against the Commonwealth in the High Court or the
Supreme Court of the State or Territory in relation to which the Joint
Authority concerned is established.".