Home Page / Legislation / Trade Practices Amendment (Access Declarations) Act 2008

Legislation

Trade Practices Amendment (Access Declarations) Act 2008

 

Summary

Provides that an access declaration under s 152AL (declared services under the Telecommunications access regime Part XIC Division 2) is not a legislative instrument. Unders s 152ALA it is also made clear that extensions of declarations are not (and never have been) legislative instruments.

Also provides for compensation for acquired property under Part XIC (Telecommunications Access Regime) through the addition of the following section:

Section 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.