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Wednesday, 1 August 1906


Senator MILLEN (New South Wales) . - When Senator Keating drew my attention to this clause as bearing upon clause 34, I assented to his statement that in the event of any claim being lodged within the time, the Minister would have to go through the procedure set out in clause 40, which provides that action cannot be taken when no claim has been lodged. It hardly seems to-fit the case which we were discussing on clause 34.


Senator Keating - It applies to a case where no extension of application has been granted. That would be a case where -an application for extension had been made, but refused.


Senator MILLEN - If the Minister is clear on that point, I am quite satisfied to take his assurance.


Senator Keating - Otherwise, what could the Minister do? The man would have a claim for compensation, and, therefore, he would be in the .position of a party who had not furnished his claim.


Senator MILLEN - Suppose that it was a case in which a man had an interest in the land.


Senator Keating - He would have a claim for compensation, because every interest in the land, as soon as it is acquired, is converted bv the measure into a claim for compensation.


Senator MILLEN - The person might think that he had an interest in the land, but the Minister might think otherwise, and as the application had been lodged out of time, he might not be granted the extended time to which, under other conditions, he would be entitled.


Senator Keating - I do not think that there is any doubt. If a man has any title to compensation, it is preserved.


Senator MILLEN - I shall accept the Minister's assurance on that point, because I am satisfied that he, like myself, does not wish to shut out any one.


Senator Keating - I am perfectly certain that the clause will cover a case of that kind.

Clause agreed to.

Clause 41 -

Compensation shall bear interest at the rate of three per centum per annum from the date of the acquisition of the land, or the time when the right to compensation arose, until payment thereof is made to the claimant or until the amount thereof has been deposited in the Treasury.

Provided that, where the compensation awarded in an action for compensation, or determined in a judicial proceeding, is not more than the amount offered by the Minister in satisfaction of the claim for compensation, the compensation shall only bear interest to the date when the offer of the Minister is communicated to the claimant.







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