Compensation for acquisition of property
46 Compensation for acquisition of property
If the operation of this Part, or any other provision of this Act (to the extent to which it relates to this Part), 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 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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