Document ID: chunk:federal_register_of_legislation:C2025C00189:section:44zzn
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 44ZZN
Character Range: 381331–382289

44ZZN  Compensation for acquisition of property
 (1) If:
 (a) a determination would result in an acquisition of property; and
 (b) the determination would not be valid, apart from this section, because a particular person has not been sufficiently 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) In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction:
 (a) any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section;
 (b) compensation awarded under a determination.
 (3) In this section, acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.