Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 591

Compensation--constitutional safety net

  (1)   If:

  (a)   apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

  (b)   the acquisition would be invalid because of paragraph   51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

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

  (3)   In this section:

"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.

"this Act" includes:

  (a)   the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act; and

  (b)   the Spam Act 2003 and regulations under that Act; and

  (c)   the Do Not Call Register Act 2006 and regulations under that Act.


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