Commonwealth Numbered Acts

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BROADCASTING SERVICES AMENDMENT ACT 1995 No. 139 of 1995 - SECT 16

Compensation for acquisition of property
16.(1) If:

   (a)  this Act, or the Principal Act as amended by this Act, would result in
        an acquisition of property; and

   (b)  the whole or any part of this Act, or of the Principal Act as amended
        by this Act, would not be valid (apart from this section) because a
        particular person has not been compensated; the Commonwealth must pay
        the person:

   (c)  a reasonable amount of compensation agreed on between the person and
        the Commonwealth; or

   (d)  failing agreement-a reasonable amount of compensation determined by a
        court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this section must be taken into account
in assessing compensation payable in a proceeding begun under this section and
arising out of the same event or transaction.

(3) In this section:

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


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