Border Protection (Validation and Enforcement Powers) Act 2001 - (Extract Only) (126 of 2001)

Part 2   Validation of certain actions

8   Compensation for acquisition of property

 

(1) If:

(a) this Part would result in an acquisition of property; and

(b) any provision of this Part would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth must pay that person:

(c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or

(d) failing agreement - a reasonable amount of compensation determined by a court of competent jurisdiction.

      

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

      

(3) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.