Document ID: chunk:federal_register_of_legislation:C2008A00114:clause:1_113a
Version: federal_register_of_legislation:C2008A00114
Segment Type: clause
Provision Reference: sch 1 cl 113A
Character Range: 4038–4957

113A  Constitutional safety net—issue of shares to digital community radio broadcasting representative company

 (1) If the operation of subsection 109D(3) would result in an acquisition of property from a person otherwise than on just terms, 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 court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

 (3) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

[Minister's second reading speech made in—
Senate on 17 September 2008
House of Representatives on 22 October 2008]

(165/08)