South Australian Current Acts South Australian Current Acts23AB—Responding to an offer of compensation
(1) A person to whom
an offer of compensation is made under section 23A must respond to the
offer in accordance with this section.
(a) be
made within the prescribed period; and
(b) be
in writing; and
(c)
indicate whether the person accepts or rejects the offer; and
(d)
comply with any other requirements set out in the regulations.
(3) A response must be
made under this section whether or not an amount of money paid into the Court
in relation to an acquisition has been withdrawn by, or on behalf of, the
person to whom the offer is made.
(4) If a person does
not respond in accordance with this section within the prescribed period, any
money paid into the Court under section 23A in respect of the relevant
acquisition (being money that has not been withdrawn by, or on behalf of, the
person) will, by force of this subsection, be paid to the Authority.
(5) To avoid doubt,
nothing in subsection (4) affects an entitlement of a person to
compensation in respect of an acquisition of land.
(6) Money paid to the
Authority under subsection (4) will be taken not to accrue interest to
which the person to whom the offer was made is entitled.
(7) To avoid doubt,
nothing in this section creates a contractual relationship between the
Authority and the person to whom an offer is made.
"Authority" means the Authority who paid the relevant money into Court under
section 23A;
"prescribed period" means—
(a)
6 months from the date of the offer of compensation; or
(b) if
the Authority, on the application of the person, specifies a longer
period—that period.
(9) A person who is
aggrieved by a decision of the Authority to refuse to specify a longer period
under subsection (8) may refer the matter to the Court for review and, on
the matter being so referred, the Court may make such orders as it considers
necessary to resolve the matter.