Compensation for acquisition of property
(1) If: (a) a determination would result in an acquisition of property; and (b) the determination would not be valid, apart from this section, because a particular person has not been sufficiently 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) In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction: (a) any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section; (b) compensation awarded under a determination. (3) In this section, acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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