Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:1_200
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 1 cl 200
Character Range: 61353–62072

200  Constitutional safety net
(1) If:
 (a) any of the amendments or repeals made by this Schedule; or
 (b) the operation of a provision of this Part or the transitional rules;
would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), 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.