Compensation for acquisition of property
337A Compensation for acquisition of property
If the operation of:
this Chapter; or
a legislative instrument made under this Chapter;
would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) 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.
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; or
the Supreme Court of a State or Territory;
for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
This Act’s bill:Explanatory memorandumSecond reading speech
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