Commonwealth Consolidated Acts

ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 - SECT 16

(1)

Where, but for this subsection, the operation of a provision of this Act would result in the acquisition of property from a person by another person otherwise than on just terms, there is payable to the first-mentioned person by that other person such amount of compensation as is agreed upon between those persons, or, failing agreement, as is determined by a court of competent jurisdiction.

(2)

Any compensation recovered in proceedings that are instituted under this section shall be taken into account in assessing damages or compensation or giving any other remedy in proceedings that are instituted otherwise than by virtue of this Act and that arise out of the same event or transaction.

(3)

Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than by virtue of this Act shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.

(4)

In this section, acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.