CIVIL AVIATION ACT 1988 - SECT 32AM Compensation for acquisition of property

CIVIL AVIATION ACT 1988 - SECT 32AM

  (1)   If:

  (a)   apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and

  (b)   the acquisition would be invalid because of paragraph   51(xxxi) of the Constitution;

CASA is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

  (2)   If CASA 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 CASA of such reasonable amount of compensation as the court determines.

  (3)   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.