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COMMONWEALTHAct
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s 167A

Compensation for acquisition of property

In force
Part 9Miscellaneous
Division 2Other miscellaneous provisions

167A Compensation for acquisition of property

(1)

If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation to the person.

(2)

If the Commonwealth and the person do not agree on the amount of the compensation, the person may apply to the Federal Court to determine a reasonable amount of compensation.

(3)

The jurisdiction of the Federal Court is exclusive of the jurisdiction of all other courts except that of the High Court.

(4)

Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.

(5)

In this section:

acquisition of property and just terms have the same meaning as in paragraph 51(xxxi) of the Constitution.

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