Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 79

79.(1) If, apart from this section, the operation of this Act would result in
an acquisition of property from a person otherwise than on just terms, the
Commonwealth is to pay the person such reasonable amount of compensation as is
agreed on between the person and the Commonwealth, or failing agreement, as is
determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in
proceedings that are begun otherwise than under this section must be taken
into account in assessing compensation payable in proceedings begun under this
section and arising out of the same event or circumstance.

(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.