Commonwealth Consolidated Acts

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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 185.10

Compensation for acquisition of property

  (1)   If the operation of this Act 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 designated c ourt 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.

  (4)   Any damages or compensation recovered or other remedy given in a proceeding that is commenced otherwise than under this section is to be taken into account in assessing compensation payable in a proceeding that is commenced under this section and that arises out of the same event or transaction.



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