113ACompensation for acquisition of property

113A Compensation for acquisition of property

(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution of the Commonwealth) from a person otherwise than on just terms (within the meaning of that paragraph), 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 a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Part 16—Limitation Act 1935 (W.A.)(C.I.)

1 Section 38A (Extended limitation period in certain circumstances)

1.1 Subsection 38A(2):

Omit subsection (2), substitute:

(2) Where: (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992; that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.

1.2 Subsection 38A(3):

Omit paragraphs (3)(a) and (b), substitute:

(a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
(b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;

1.3 Subsection 38A(4):

Omit subsection (4), substitute:

(4) Where: (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992; that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.

1.4 Subsection 38A(5):

Omit paragraphs (5)(a) and (b), substitute: