Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (45 of 2005)
Schedule 4 Transitional provisions
Part 5 Miscellaneous
18 Constitutional safety net
(1) If:
(a) a provision of this Schedule would result in an acquisition of property; and
(b) the provision would not be valid, apart from this section, because a particular person has not been compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or
(d) failing agreement - a reasonable amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.