Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015 (168 of 2015)

Schedule 1   VET FEE-HELP Reform amendments

Part 1   Main amendments

Higher Education Support Act 2003

21A   Before clause 98 of Schedule 1A

Insert:

97A Compensation for acquisition of property

(1) If the operation of this Schedule 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 a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3) In this clause:

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.