Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Northern Territory National Emergency Response Bill 2007

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

5352

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Northern Territory National Emergency Response Bill 2007

 

(1)            Page 9 (after line 14), after clause 5, insert:

5A  Review of operation etc. of Part 4

                   The Minister must cause to be conducted, as soon as practicable after the first anniversary of the day on which this Act receives the Royal Assent, a review of the operation and effectiveness of Part 4 (Acquisition of rights, titles and interests in land).

[review of land provisions]

(2)     Clause 37, page 33 (line 21), omit “might”, substitute “must”.

[compensation on just terms]

(3)     Clause 49, page 42 (line 13), omit “might”, substitute “must”.

[compensation on just terms]

(4)     Clause 60, page 49 (lines 17 to 21), omit subclause 60(2), substitute:

             (2)  If the operation of this Part, or an act referred to in paragraphs (1)(b) or (c), would result in an acquisition of property, the Commonwealth is liable to pay compensation in just terms to the person.

[compensation on just terms]

(5)     Clause 60, page 49 (lines 25 and 26), omit “such reasonable amount of compensation as the court determines”, substitute “compensation on just terms”.

[compensation on just terms]

(6)     Clause 61, page 50 (lines 1 to 14), omit the clause, substitute:

61  Amounts paid or payable

                   For the purposes of section 60, in determining just compensation that is payable in relation to land, the Court must take account of:

                     (a)  any amounts of rent paid or payable in relation to the land under section 62; and

                     (b)  any amounts of compensation paid or payable by the Commonwealth under the Special Purposes Leases Act or the Crown Lands Act in relation to the land; and

                     (c)  any improvements to the land that are funded by the Commonwealth (whether before or after a lease is granted to, or all rights, titles or interests are vested in, the Commonwealth), including the construction of, or improvements to, any buildings or infrastructure on the land.

[compensation on just terms]

(7)     Clause 132, page 93 (lines 12 to 17), omit subclauses (1) and (2), substitute:

             (1)  Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures and are consistent with Part 2 of the Racial Discrimination Act 1975.

             (2)  Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are not laws as described by subsection 10(3) of the Racial Discrimination Act 1975.

[Racial Discrimination Act]

(8)     Clause 134, page 94 (lines 7 to 10), subclause 134(1) TO BE OPPOSED .

[compensation on just terms]

(9)     Clause 134, page 94 (lines 13 to 17), omit subclause 134(2), substitute:

             (2)  If the operation of this Act (other than Part 4) would result in an acquisition of property, the Commonwealth is liable to pay compensation on just terms to the person.

[compensation on just terms]

(10)   Clause 134, page 94 (lines 21 and 22), omit “such reasonable amount of compensation as the court determines”, substitute: “compensation on just terms”.

[compensation on just terms]