Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 21

             (1)  If the operation of this Act or the doing of any act by the Minister in pursuance of this Act results in the acquisition of property from a person, being an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution, the Commonwealth is liable to pay to that person such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in the Supreme Court of a State or Territory.

             (2)  In determining the compensation payable to a person by the Commonwealth under this section in respect of the acquisition of property from the person, the Court shall have regard to any amount of compensation paid or payable to the person, in respect of the acquisition, by a person other than the Commonwealth.

             (3)  The Supreme Courts of the States have jurisdiction, and the Supreme Courts of the Territories have jurisdiction to the extent that the Constitution permits, to hear and determine actions brought in those courts under this section.