Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (94 of 2023)

Schedule 1   Discharge from bankruptcy

Part 2   Application, transitional and validation provisions

Division 4   Other provisions

34   Compensation for acquisition of property

(1) If:

(a) apart from this item, the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); 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 for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.