207207

207

(1) A person who: (a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.); and (b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers; may bring an action for recovery of damages against the Commonwealth, as nominal defendant. (2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections. (3) A person who: (a) was a party to, or privy to, an application or dealing; and (b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing; may join the Commonwealth as a nominal co‑defendant.

33 Section 208 (Persons claiming may before action etc)

33.1 Omit the section, substitute: