Victorian Consolidated Legislation

Fuel Emergency Act 1977 - SECT 8

Provision for compensation to persons complying with directions

8. Provision for compensation to persons complying with directions



(1) Any person or body of persons who or which as the result of compliance
with any direction prohibition or requisition addressed or directed under this
Act to him or it or while complying with or being engaged in the carrying into
effect of any such direction prohibition or requisition suffers loss damage or
injury for which he is not otherwise indemnified shall be entitled to
compensation under this Act.

(2) Every claim for compensation under this Act shall be made in a form and
within a time approved by the Governor in Council.

(3) In default of agreement as to the amount of compensation between the
Minister and the claimant the Minister shall direct that the matter be
referred to arbitration before a single arbitrator who shall, where the claim
is for an amount greater than $1000, be a County Court judge nominated by the
Governor in Council and in any other case be a magistrate so nominated.

(4) Save as aforesaid the provisions of the Commercial Arbitration Act 1984
shall apply with respect to such arbitration and the Minister's direction
shall be deemed to be the arbitration agreement under the said Act and the
Minister and the claimant shall be deemed to be the parties thereto.