Document ID: chunk:federal_register_of_legislation:C2010A00144:clause:1_8
Version: federal_register_of_legislation:C2010A00144
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 11175–12061

8  Compensation for acquisition of property
(1) If the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

[Minister's second reading speech made in—
Senate on 30 September 2010
House of Representatives on 25 November 2010]
(212/10)