Document ID: chunk:federal_register_of_legislation:C2004A00886:section:8
Version: federal_register_of_legislation:C2004A00886
Segment Type: section
Provision Reference: s 8
Character Range: 3864–4747

8  Compensation for acquisition of property

 (1) If:
 (a) this Part would result in an acquisition of property; and
 (b) any provision of this Part would not be valid, apart from this section, 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 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.