Territories Legislation Amendment Act 2016 (33 of 2016)

Schedule 5   Application of Acts to Norfolk Island

Part 1   General amendments

Division 2   Transitional provisions

6   Constitutional safety net

(1) If the operation of this Schedule or the transitional rules 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 a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.