Health Infrastructure Enabling Regulation 2023

A person who considers that they are entitled to be paid compensation under the Act may make a claim for compensation in accordance with this division.

A claim must be made—

within the 12-month period starting on the acquisition day; or

if the Minister gives notice before the end of that period of a later day—the day stated in the notice.

If the Minister is satisfied that a person has a reasonable excuse for not making a claim in the period mentioned in subsection (2)—the Minister may, in writing, extend the time in which the claim must be made.

Note A person may apply to the Minister for an extension of time, and the Minister may extend the time, even though the period mentioned in s (1) has ended (see Legislation Act, s 151C).

If a person does not make a claim for compensation within the period mentioned in subsections (2) or (3), the person is taken to have waived the right to compensation in relation to the acquisition.

A person who waives the right to compensation in relation to the acquisition under subsection (4)—

is debarred from recovering any compensation from the Territory or the Commonwealth in relation to the acquisition; but

in relation to a security interest—retains, in relation to the security, any right or remedy that the person may have against Calvary or a related corporation.

A notice under subsection (2) (b) is a notifiable instrument.