Commonwealth Numbered Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 89

Disposal if cannot be returned

             (1)  TEQSA may dispose of a thing in such manner as it considers appropriate if:

                     (a)  the thing is seized under this Part; and

                     (b)  apart from this section, an authorised officer would be required to take reasonable steps to return the thing to a person; and

                     (c)  either:

                              (i)  the authorised officer cannot, despite making reasonable efforts, locate the person; or

                             (ii)  the person has refused to take possession of the thing.

             (2)  If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.


 



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