Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:9_2
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 9 cl 2
Character Range: 103512–104656

2  Compensation for acquisition of property

When compensation is necessary

(1) If, apart from this item, the operation of this Act would result in an acquisition of property from a person that would be invalid because of paragraph 51(xxxi) of the Constitution (which deals with acquisition of property on just terms) the Commonwealth must pay the person a reasonable amount of compensation.

Definition

(2) In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Court can decide amount of compensation

(3) If the Commonwealth and the person do not agree on the amount of compensation to be paid, the person may apply to the Federal Court of Australia for the recovery from the Commonwealth of a reasonable amount of compensation fixed by the Court.

Other compensation to be taken into account

(4) In assessing compensation payable by the Commonwealth, the Court must take into account any other compensation or remedy arising out of the same event or situation.

[Minister's second reading speech made in—
Senate on 10 December 1998
House of Representatives on 29 June 1999]

(237/98)