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.