Education Legislation Amendment (Integrity and Other Measures) Act 2025 (74 of 2025)

Schedule 1   Amendments relating to overseas students and education

Part 7   Automatic cancellation of specified courses

Division 1   Amendments

Education Services for Overseas Students Act 2000

46   After section 176D

Insert:

176E Compensation for acquisition of property

(1) If:

(a) apart from this section, the operation of Division 1AB of Part 6 would result in the 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); and

(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay a reasonable amount of compensation 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 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.