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COMMONWEALTHAct
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s 61

Acquisition of a dwelling

In force
Part VIICompensation for compulsory acquisition of interests in land
Division 2Amount of compensation–interests other than mortgage interests

61 Acquisition of a dwelling

(1)

This section applies where:

(a)

an interest in land is acquired from a person by compulsory process;

(b)

the interest entitled the person to occupy a dwelling on the land;

(c)

immediately before the acquisition the person was occupying the dwelling as his or her principal place of residence; and

(d)

because of the acquisition, the person has ceased to be entitled to occupy the dwelling as his or her principal place of residence.

(2)

The amount of compensation to which the person is entitled in respect of the acquisition is the sum of $10,000 (or that amount as indexed by section 126) and the greater of the following amounts:

(a)

the amount of compensation to which the person would, apart from this section, be entitled;

(b)

the amount necessary to reimburse the person for the costs of acquiring a reasonably equivalent interest in land that entitles the person to occupation of a reasonably equivalent dwelling.

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