Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152ELD

Compensation for acquisition of property

  (1)   If the operation of this Part 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 court of competent jurisdiction 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.

"this Part i" ncludes Division   2 of Part   2 of Schedule   1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 .


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