Dairy Adjustment Levy Termination Act 2008 (123 of 2008)

Schedule 1   Amendment of the Dairy Produce Act 1986

Part 3   Winding up the Dairy Structural Adjustment Fund

9   At the end of Part 4 of Schedule 2

Add:

132 Compensation for acquisition of property

(1) If the operation of this Schedule 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 clause:

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.