Document ID: chunk:federal_register_of_legislation:F2025C00177:clause:1_4
Version: federal_register_of_legislation:F2025C00177
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 7042–8378

4  Compensation for acquisition of property
 (1) This clause applies if, apart from this clause, subclause 3(3) would result in the acquisition of property from a party to an agreement mentioned in subclause 3(3) (the first party) by another party to that agreement (the second party) otherwise than on just terms.
 (2) There is payable to the first party by the second party such amount of compensation as is agreed on between the parties, or, failing agreement, as is determined by a court of competent jurisdiction.
 (3) Any damages or compensation recovered or other remedy given in a proceeding that is commenced otherwise than under this clause is to be taken into account in assessing compensation payable in a proceeding that is commenced under this clause and that arises out of the same event or transaction.
 (4) Any compensation payable in a proceeding that is commenced under this clause is to be taken into account in assessing any damages or compensation or other remedy to be awarded in a proceeding that is commenced otherwise than under this clause and that arises out of the same event or transaction.
 (5) In this clause:
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 2—Definitions