Tourism Australia (Repeal and Transitional Provisions) Act 2004
48Constitutional safety net
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48 Constitutional safety net
(1) If: (a) a provision of this Act 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 section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction. (3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.