Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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;
the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.
Note: For the meanings of acquisition of property and just terms , see section 4.
(2) If the Commonwealth and the person do not agree on the
amount of the compensation, the person may institute proceedings in the
Federal Court of Australia for the recovery from the Commonwealth of such
reasonable amount of compensation as the court determines.