Document ID: chunk:federal_register_of_legislation:C2014A00095:clause:1_36a
Version: federal_register_of_legislation:C2014A00095
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 17752–18545

36A  Compensation for acquisition of property
 (1) If the operation of regulation 34 or 35 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), 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.

[Minister's second reading speech made in—
Senate on 27 March 2014
House of Representatives on 16 July 2014]

(72/14)