Commonwealth Consolidated Acts

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SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 54

Compensation--constitutional safety - net

  (1)   If:

  (a)   apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

  (b)   the acquisition would be invalid because of paragraph   51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

  (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 for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

  (3)   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.

"person" does not include the Snowy Mountains Hydro - electric Authority or the Snowy Mountains Council.



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