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Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014

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The Parliament of the

Commonwealth of Australia






Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014



(1)     Schedule 1, item 5, page 15, (lines 2 to 14), omit the item, substitute:

5  After regulation 36


36A   Compensation for acquisition of property

             (1)  If the operation of regulation 34 or 35 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 the Federal Court of Australia or another court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.