42Compensation—constitutional safety net

42 Compensation—constitutional safety net

(1) If: (a) the operation of this Act would result in the acquisition of property otherwise than on just terms; and (b) the acquisition would not be valid, apart from this section, because a particular person has not been compensated; 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. (3) The Consolidated Revenue Fund is appropriated for the purposes of this section. (4) In this section:

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.