Part 2 Application and constitutional provisions
Section 11
(a) banking, other than State banking not extending beyond the
limits of the State concerned; or
(b) insurance, other than State insurance not extending beyond
the limits of the State concerned.
(11) The limited application provisions have effect in relation to
discrimination in the course of, or in relation to, trade or
commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
11 Compensation—constitutional safety net
(1) If:
(a) the operation of this Act would result in the acquisition of
property otherwise than on just terms; and
(b) the acquisition would not be valid, apart from this section,
because a particular person has not been compensated;
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 of Australia 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.
10
Compilation No. 46
Age Discrimination Act 2004
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
Registered: 10/12/2021