Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:7_18
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 7 cl 18
Character Range: 255460–256847

18  Compensation for acquisition of property

(1) Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of:
 (a) the operation of this Schedule; or
 (b) an action taken under, or in accordance with, section 70B, 70C, 70D, 70E, 70F or 70G of the Aboriginal Land Rights (Northern Territory) Act 1976 (as inserted by this Schedule).

(2) However, if:
 (a) the operation of this Schedule; or
 (b) an action taken under, or in accordance with, section 70B, 70C, 70D, 70E, 70F or 70G of the Aboriginal Land Rights (Northern Territory) Act 1976 (as inserted by this Schedule);
would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(3) 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.

(4) In subitem (2):
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.