Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152ELD

Compensation for acquisition of property

             (1)  If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, 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 court of competent jurisdiction for the recovery from the Commonwealth 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.

"this Part " includes Division 2 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 .



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