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StatuteMigration Act 1958

Section 3B — Migration Act 1958: Compensation for acquisition of property

Text of the provision Official document

(1) If: (a) this Act would result in an acquisition of property; and (b) any provision of this Act 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.

Official source: Federal Register of Legislation

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