Commonwealth Consolidated Acts

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Just terms compensation

Entitlement to just terms compensation

             (1)  Where, apart from this section:

                     (a)  the doing of any future act; or

                     (b)  the application of any of the provisions of this Act in any particular case;

would result in a paragraph 51(xxxi) acquisition of property of a person other than on paragraph 51(xxxi) just terms, the person is entitled to such compensation, or compensation in addition to any otherwise provided by this Act, from:

                     (c)  if the compensation is in respect of a future act attributable to a State or a Territory--the State or Territory; or

                     (d)  in any other case--the Commonwealth;

as is necessary to ensure that the acquisition is made on paragraph 51(xxxi) just terms.

Federal Court's jurisdiction

             (2)  The Federal Court has jurisdiction with respect to matters arising under subsection (1) and that jurisdiction is exclusive of the jurisdiction of all other courts except the High Court.

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