Document ID: chunk:federal_register_of_legislation:C2008A00007:clause:1_152aqc
Version: federal_register_of_legislation:C2008A00007
Segment Type: clause
Provision Reference: sch 1 cl 152AQC
Character Range: 3281–4245

152AQC  Compensation for acquisition of property

 (1) If the operation of any or all of the following provisions:
 (a) subsection 152AL(9), (10), (11), (12), (13) or (14);
 (b) subsection 152ALA(10), (11), (12) or (13);
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 the Federal Court 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—
House of Representatives on 13 February 2008
Senate on 12 March 2008]
(3/08)