Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_358b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 358B
Character Range: 782249–784019

358B  Acquisition of property

 (1) The following laws and instruments:
 (a) this Act;
 (b) regulations, or any other instrument, made under this Act;
 (c) Schedule 1B;
 (d) regulations, or any other instrument, made under Schedule 1B;
 (e) regulations made under item 1 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005;
 (f) Part 2 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005;
do not apply, and are taken never to have applied, to the extent that the operation of the law or instrument would result in an acquisition of property from a person otherwise than on just terms.

 (2) The repeals and amendments made by the following laws and instruments:
 (a) the Workplace Relations Amendment (Work Choices) Act 2005;
 (b) any other Act, so far as it repeals or amends a provision of:
 (i) this Act; or
 (ii) regulations, or any other instrument, made under this Act; or
 (iii) Schedule 1B; or
 (iv) regulations, or any other instrument, made under Schedule 1B;
 (c) regulations made under item 2 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005;
 (d) any other regulation or instrument, so far as it repeals or amends a provision of:
 (i) this Act; or
 (ii) regulations, or any other instrument, made under this Act; or
 (iii) Schedule 1B; or
 (iv) regulations, or any other instrument, made under Schedule 1B;
do not apply, and are taken never to have applied, to the extent that the repeals or amendments would result in an acquisition of property from a person otherwise than on just terms.

 (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.