Commonwealth Consolidated Acts

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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 28

Compensation for acquisition of property

(1)
If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is to pay the person such reasonable amount of compensation as is agreed on between the person and the Commonwealth or, failing agreement, as is determined by a court of competent jurisdiction.

(2)
Any damages or compensation recovered, or other remedy given, in proceedings that are instituted otherwise than under this section must be taken into account in assessing compensation payable in proceedings instituted under this section and that arise out of the same event or circumstance.

(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.



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