Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:16_33
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 16 cl 33
Character Range: 389373–390214

33  Compensation
(1) If:
 (a) apart from this item, 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 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.
(3) In this item:
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.