Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118pp
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118PP
Character Range: 190469–191341

118PP  Constitutional safety net

 (1) If the operation of this Division or section 109C 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 for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

 (3) In this section:

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.

Division 4C—Access to broadcasting transmission towers etc. by digital radio multiplex transmitter licensees and authorised persons

Subdivision A—Introduction