Document ID: chunk:federal_register_of_legislation:C2021C00498:section:43
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 43
Character Range: 47919–48668

43  Compensation for acquisition of property
 (1) If the operation of section 42 would result in an acquisition of property 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 the Federal Court of Australia or another court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
 (3) In this Act:
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.