David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

by leave—I move amendments (12) and (13) on sheet PJ361 together:

(12)  Clause 17, page 14 (line 5), before “The”, insert “(1)”.

(13)  Clause 17, page 14 (after line 6), at the end of the clause, add:

        (2)    If the operation of this section 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.

        (3)    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.

        (4)    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.