Document ID: chunk:federal_register_of_legislation:C2004A01262:clause:1_85
Version: federal_register_of_legislation:C2004A01262
Segment Type: clause
Provision Reference: sch 1 cl 85
Character Range: 42289–43155

85  Compensation—constitutional safety net

(1) If:
 (a) a provision of this Act would result in an acquisition of property; and
 (b) the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that person:
 (c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or
 (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.