Commonwealth Numbered Acts

HEALTH INSURANCE COMMISSION (REFORM AND SEPARATION OF FUNCTIONS) ACT 1997 No. 159 of 1997 - SECT 46

(1) If:

   (a)  apart from this section, the operation of this Part 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 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 institute proceedings in the Federal Court of
Australia 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.