308ACompensation for acquisition of property

308A Compensation for acquisition of property

(1) If the operation of this Act, or a legislative instrument under this Act, 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), 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) the Federal Court; or (b) the Supreme Court of a State or Territory; for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.