Victorian Current Acts

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ESSENTIAL SERVICES ACT 1958 - SECT 9

Compensation to persons and bodies complying with directions etc.

    (1)     Any person or body of persons who or which as the result of compliance with any direction prohibition or requisition addressed or directed under this Act to him or it or while complying with or being engaged in the carrying into effect of any such direction prohibition or requisition suffers loss damage or injury shall be entitled to compensation under this Act.

    (2)     Every claim for compensation under this Act shall be made in a form and within a time approved by the Governor in Council.

S. 9(3) amended by Nos 16/1986 s. 30, 50/2011 s. 46(Sch. item 6.1).

    (3)     In default of agreement as to the amount of compensation between the Minister and the claimant the Minister shall direct that the matter be referred to arbitration before a sole arbitrator who shall, where the claim is for an amount greater than $1000, be a County Court judge nominated by the Governor in Council and in any other case be a magistrate so nominated.

S. 9(4) amended by No. 50/2011 s. 46(Sch. item 6.2).

    (4)     Save as aforesaid the provisions of the Commercial Arbitration Act 2011 shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the submission under the said Act and the Minister and the claimant shall be deemed to be the parties thereto.

No. 5263 s. 9.



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