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MIGRATION ACT 1958 - SECT 306L

Compensation--constitutional safety-net

             (1)  If:

                     (a)  apart from this section, the operation of this Division 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;

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

             (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 for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  A provision of this Act (other than this Division) that provides for compensation for the acquisition of property does not apply to this Division.

             (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.



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