Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-5 - CONSTITUTIONAL MATTERS  

Division 185 - Constitutional matters  

SECTION 185-10   COMPENSATION FOR ACQUISITION OF PROPERTY  

185-10(1)    
If the operation of this Act 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.

185-10(2)    
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a designated court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

185-10(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.

185-10(4)    
Any damages or compensation recovered or other remedy given in a proceeding that is commenced otherwise than under this section is to be taken into account in assessing compensation payable in a proceeding that is commenced under this section and that arises out of the same event or transaction.