(1)

If:

(a)

apart from this section, the operation of this Act 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;

then 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 take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

(3)

Compensation is payable out of money appropriated by the Parliament.