Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 134

134. (1) In exercising its powers under this Division, a carrier must take all
reasonable steps to ensure that it causes as little detriment and
inconvenience, and does as little damage, as is practicable.

(2) If a person suffers financial loss or damage because of anything done by a
carrier under section 128, 129 or 131 in relation to any property owned by the
person or in which the person has an interest, there is payable to the person
by the carrier such reasonable amount of compensation as is agreed between
them or, failing agreement, as is determined by a court of competent
jurisdiction.

(3) Compensation payable under subsection (2) includes (without limitation)
compensation in relation to:

   (a)  damage of a temporary character as well as of a permanent character;
        and

   (b)  the taking of sand, soil, stone, gravel, timber, water and other
        things.

(4) In this section:
``court of competent jurisdiction", in relation to property, means:

   (a)  the Federal Court; or

   (b)  the Supreme Court of the State or Territory in which the property is
        situated or was situated at the time of the relevant loss or damage;
        or

   (c)  an inferior court that has jurisdiction:

   (i)  for the recovery of debts up to an amount not less than the amount of
        compensation claimed by the person; and

   (ii) in relation to the locality in which the property, or part of the
        property, is situated or was situated at the time of the relevant loss
        or damage; '' NAME="inferior_court"> ``inferior court" means:

   (a)  a County Court, District Court or local Court of a State or Territory;
        or

   (b)  a court of summary jurisdiction exercising civil jurisdiction. ''PRE>









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