Document ID: chunk:federal_register_of_legislation:C2013A00093:clause:1_36
Version: federal_register_of_legislation:C2013A00093
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 25022–25864

36  Compensation for acquisition of property
(1) If:
 (a) the operation of this Schedule; or
 (b) an act done under a provision of the Aboriginal Land Rights (Northern Territory) Act 1976 inserted by this Schedule;
would result in an acquisition of property from a person otherwise than on just terms, 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 a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this item:
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.