Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p10
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 22731–24005

Compensation for acquisition of property

16.(1) If:

   (a) this Act, or the Principal Act as amended by this Act, would result in an acquisition of property; and

   (b) the whole or any part of this Act, or of the Principal Act as amended by this Act, would not be valid (apart from this section) because a particular person has not been compensated;

the Commonwealth must pay the person:

   (c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or

    (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.

(3) In this section:

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

NOTE

  1. No. 110, 1992, as amended. For previous amendments, see Nos. 167, 171, 216 and 218, 1992; Nos. 1 and 2, 1993; and Nos. 32 and 88, 1995.

[Minister's second reading speech made in—
      Senate on 7 December 1994
      House of Representatives on 29 November 1995]