Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:8_308a
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 8 cl 308A
Character Range: 269161–269872

308A  Compensation for acquisition of property
 (1) If the operation of this Act, or a legislative instrument under this Act, 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) the Federal Court; or
 (b) the Supreme Court of a State or Territory;
for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.