Australian National Railways Commission Sale Act 1997

Designated agency in relation to a notice

A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.

If a notice under subitem 2(1) relates to either of the following purposes:

the defence of Australia;

the operation of the Australian Defence Force in connection with the defence of Australia;

the notice must specify the Department of Defence as the designated agency in relation to the notice.

If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:

the Department of Defence; or

any other Commonwealth agency that is involved in the management of the emergency or disaster;

as the designated agency in relation to the notice.

Liability for loss or damage

If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.

If:

the person who suffers the loss or damage; and

the head of the designated agency in relation to the notice (on behalf of the Commonwealth);

do not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.

In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).

A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.

Compensation-constitutional safety-net

If:

apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and

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.

If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), 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.

Section 70 of the Defence Act 1903

This item has effect despite anything in section 70 of the Defence Act 1903.

Definitions

In this item:

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

Commonwealth agency means:

a Department; or

an agency or instrumentality of the Commonwealth.

designated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.

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

(62/97)

[Minister's second reading speech made in-

House of Representatives on 14 May 1997

Senate on 19 June 1997]

I HEREBY CERTIFY that the above is a fair print of the Australian National Railways Commission Sale Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.

Clerk of the House of Representatives

IN THE NAME OF HER MAJESTY, I assent to this Act.

Governor-General

1997 (62/97)