Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 74

             (1)  This section applies where a claim for compensation has been rejected by the Minister and:

                     (a)  the claimant does not, within 3 months after notice under subsection 70(2) has been, or is to be taken to have been, given to the claimant, or within such further time as the Minister allows, make an application to the Administrative Appeals Tribunal under section 71, or bring an action in the Federal Court under section 72, in respect of the rejection of the claim;

                     (b)  the claimant has brought such an action within that period and:

                              (i)  the action has been dismissed, either at first instance or on appeal; and

                             (ii)  a period of at least 30 days has elapsed since the dismissal of the action and no appeal or further appeal by the claimant (including an application for leave to appeal) is pending; or

                     (c)  the claimant has made such an application within that period and:

                              (i)  the Tribunal has affirmed the rejection of the claim by the Minister; and

                             (ii)  a period of at least 30 days has elapsed since the Tribunal made its decision and no appeal to the Federal Court in respect of that decision is pending.

             (2)  The Commonwealth may pay compensation under this Part on the basis that the claimant was not, at the time of the acquisition to which the claim relates, entitled to the interest the subject of the claim and, where compensation is paid in respect of an interest that is inconsistent with the interest the subject of the claim, no compensation is payable in respect of that last-mentioned interest.