Document ID: chunk:federal_register_of_legislation:C2024A00130:section:8
Version: federal_register_of_legislation:C2024A00130
Segment Type: section
Provision Reference: s 8
Character Range: 8325–9236

8  Compensation for acquisition of property
 (1) If:
 (a) apart from this section, the operation of 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); and
 (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
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 the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

[Minister's second reading speech made in—
House of Representatives on 21 November 2024
Senate on 28 November 2024]
(158/24)