Commonwealth Consolidated Regulations

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SAFETY, REHABILITATION AND COMPENSATION REGULATIONS 2002 - REG 15C

Compensation for acquisition of property

         (1)   If the payment of money by Comcare under subregulation 14A (7) or (8) or 15A (6) or (7) results in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

         (2)   If the Commonwealth and the person do not agree on the amount of compensation, the person may start proceedings in a court of competent jurisdiction for recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

         (3)   In determining a reasonable amount of compensation under this regulation, regard must be had to any amount of compensation paid or payable to the person in relation to the acquisition by a person other than the Commonwealth.

         (4)   In this regulation:

"acquisition of property" has the same meaning as in paragraph 51 (xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph 51 (xxxi) of the Constitution.

   



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