Document ID: chunk:federal_register_of_legislation:C2024C00680:section:251:p2
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 251 (pt 2/2)
Character Range: 329006–330393

be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.

Compensation—constitutional safety‑net
 (8) If:
 (a) apart from this section, the operation of section 250 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.
 (9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subsection (8), 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.

Section 70 of the Defence Act 1903
 (10) This section has effect despite anything in section 70 of the Defence Act 1903.

Definitions
 (11) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Commonwealth agency means:
 (a) a Department; or
 (b) an agency or instrumentality of the Commonwealth.
designated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.