Document ID: chunk:federal_register_of_legislation:C2024C00549:section:8ba
Version: federal_register_of_legislation:C2024C00549
Segment Type: section
Provision Reference: s 8BA
Character Range: 51006–51772

8BA  Compensation—constitutional safety net
 (1) If:
 (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and
 (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
 (3) The Consolidated Revenue Fund is appropriated for the purposes of making payments under this section.