Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 72

             (1)  Where:

                     (a)  a notice under subsection 70(2) has been, or is to be taken to have been, given to a person who has made a claim for compensation; and

                     (b)  the claimant has not made an application to the Administrative Appeals Tribunal under section 71 in respect of the rejection of the claim;

the claimant may bring an action in the Federal Court against the Commonwealth claiming a declaration that the interest specified in the claim was acquired from the claimant by compulsory process.

             (2)  The Court may:

                     (a)  declare that the interest specified in the claim, or some other interest, was acquired from the claimant by compulsory process; or

                     (b)  dismiss the action.

             (3)  If the Court declares that the interest specified in the claim was acquired from the claimant by compulsory process:

                     (a)  the decision of the Court is binding on the Commonwealth and on all persons who, immediately before the acquisition, held interests in the land; and

                     (b)  the Minister shall give a notice under subsection 70(1) to the claimant.

             (4)  If the Court declares that an interest, other than the interest specified in the claim, was acquired from the claimant by compulsory process:

                     (a)  the decision of the Court is binding on the Commonwealth and on all persons who, immediately before the acquisition, held interests in the land;

                     (b)  the claim has effect as if the other interest had been specified in the claim as the interest acquired by compulsory process; and

                     (c)  the Minister shall give a notice under subsection 70(1) to the claimant.