Constitutional safety net
48 Constitutional safety net
If:
a provision of this Act would result in an acquisition of property; and
the provision would not be valid, apart from this section, because a particular person has not been compensated;
the Commonwealth must pay that person:
a reasonable amount of compensation agreed on between the person and the Commonwealth; or
failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
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.
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.