Document ID: chunk:federal_register_of_legislation:C2011C00793:clause:2_727
Version: federal_register_of_legislation:C2011C00793
Segment Type: clause
Provision Reference: sch 2 cl 727
Character Range: 130601–131484

727  Constitutional safety net—acquisition of property

(1) If:
 (a) a provision of this Schedule would result in an acquisition of property; and
 (b) the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that 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 item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.