Commonwealth Consolidated Acts

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TAXATION ADMINISTRATION ACT 1953 - SECT 14ZZZE

Compensation for acquisition of property

  (1)   If the operation of this Part would result in an acquisition of property (within the meaning of paragraph   51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), 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 the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

  (3)   Payments under this section are to be made out of money appropriated by the Parliament by another Act.

  (4)   To avoid doubt, section   16 does not apply to a payment under this section.

 


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