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Thursday, 26 June 2014
Page: 4037


Senator RYAN (VictoriaParliamentary Secretary to the Minister for Education) (13:17): I table a supplementary explanatory memorandum relating to the government amendment to be moved to this bill, and I move government amendment (1) on sheet BT275:

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

5 After regulation 36

   Insert:

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.

Question agreed to.

The TEMPORARY CHAIRMAN ( Senator Smith ): The question now is that the bill as amended be agreed to.

Question agreed to.

Bill reported with amendment; report adopted.