Document ID: chunk:federal_register_of_legislation:C2024A00087:clause:2_852ds
Version: federal_register_of_legislation:C2024A00087
Segment Type: clause
Provision Reference: sch 2 cl 852DS
Character Range: 211755–212353

852DS  Acquisition of property
 (1) A court must not make an order under section 852DE if:
 (a) the order would result in the acquisition of property from a person otherwise than on just terms; and
 (b) the order would be invalid because of paragraph 51(xxxi) of the Constitution.
 (2) To avoid doubt, this section applies in relation to the making of an order under section 852DE instead of section 1350.
 (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.