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Trade Practices Amendment (Access Declarations) Bill 2008

Schedule 1 Amendments

   

Trade Practices Act 1974

1  At the end of section 152AL

Add:

Declaration is not a legislative instrument

             (9)  A declaration under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (10)  A variation of a declaration made under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (11)  A revocation of a declaration made under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (12)  If:

                     (a)  a declaration was made under this section before the commencement of this subsection; and

                     (b)  the declaration ceased to be in force before the commencement of this subsection;

then:

                     (c)  the declaration is taken never to have been a legislative instrument for the purposes of the Legislative Instruments Act 2003 ; and

                     (d)  if the declaration was varied or revoked before the commencement of this subsection—the variation or revocation is taken never to have been a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (13)  For the purposes of paragraph (12)(b), assume that the Legislative Instruments Act 2003 had never been enacted.

           (14)  Subsections (9) to (12) are enacted for the avoidance of doubt.

2  At the end of section 152ALA

Add:

Extension notice is not a legislative instrument

           (10)  A notice under subsection (4) is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (11)  If:

                     (a)  a declaration was made under section 152AL before the commencement of this subsection; and

                     (b)  a notice relating to the declaration was published under subsection (4) of this section before the commencement of this subsection; and

                     (c)  the declaration ceased to be in force before the commencement of this subsection;

the notice is taken never to have been a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (12)  For the purposes of paragraph (11)(c), assume that the Legislative Instruments Act 2003 had never been enacted.

           (13)  Subsections (10) and (11) are enacted for the avoidance of doubt.

3  At the end of Division 2 of Part XIC

Add:

152AQC   Compensation for acquisition of property

             (1)  If the operation of any or all of the following provisions:

                     (a)  subsection 152AL(9), (10), (11), (12), (13) or (14);

                     (b)  subsection 152ALA(10), (11), (12) or (13);

would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (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.