169ACompensation—constitutional safety‑net

#### 169A Compensation—constitutional safety‑net (1) If: (a) apart from this section, the operation of subsection 169(6) would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition. (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. 40 Subparagraph 171(3)(b)(i) Omit “must”, substitute “may”. 41 After subparagraph 171(3)(b)(i) Insert: (ia) any matter to which the ACA must, under subsection 167(3A), have regard in deciding whether to issue a permit; and 42 Subsection 182(1) Omit “affix”, substitute “apply”. Note: The heading to section 182 of the Radiocommunications Act 1992 is altered by omitting “affix” and substituting “apply”. 43 Subsection 182(1B) Omit “affix”, substitute “apply”. 44 After subsection 182(2) Insert: (2A) The method of applying the label to the device must be as specified by the ACA in the instrument. 45 Subsection 182(3) Omit “requirements of laws of another country”, substitute: requirements of: (a) a specified law of a foreign country; or (b) a specified instrument in force under a law of a foreign country; or (c) a specified convention, treaty or international agreement; or (d) a specified instrument in force under a specified convention, treaty or international agreement; 46 Subsection 182(4) Repeal the subsection, substitute: (4) The notice may specify requirements that must be met before a label can be applied, including (but not limited to): (a) a requirement that, before a manufacturer or importer applies the label, the manufacturer or importer must have obtained a written statement from a certification body certifying that the device complies with the standard or class licence specified in the notice; and (b) a requirement that, before a manufacturer or importer applies the label, the device must have been tested by a recognised testing authority for compliance with the standard or class licence specified in the notice; and (c) a requirement that, before a manufacturer or importer applies the label, the manufacturer or importer must have obtained a written statement from a competent body certifying that reasonable efforts have been made to avoid contravention of the standard or class licence specified in the notice; and (d) a requirement that, before a manufacturer or importer applies the label, the manufacturer or importer must make a written declaration in relation to the device, being a declaration in a form specified in the notice. > Note 1: Certification body is defined by section 183A. > Note 2: Competent body is defined by section 183. > Note 3: Recognised testing authority is defined by section 183. 47 Subsection 182(4A) Omit “affixed”, substitute “applied”. 48 Subsection 182(4A) Omit “, records of”. 49 Paragraph 182(4A)(a) Before “the quality”, insert “records of”. 50 Paragraph 182(4A)(b) Before “any results”, insert “records of”. 51 Paragraph 182(4A)(b) Omit “class licence.”, substitute “class licence; and”. 52 Subsection 182(4A) Add at the end: (c) a declaration, or a copy of the declaration, made as mentioned in paragraph (4)(d). 53 Subsection 182(6) Repeal the subsection. 54 Section 183 Repeal the section, substitute: