Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44ZZN

             (1)  If:

                     (a)  a determination would result in an acquisition of property; and

                     (b)  the determination would not be valid, apart from this section, because a particular person has not been sufficiently 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)  In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction:

                     (a)  any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section;

                     (b)  compensation awarded under a determination.

             (3)  In this section, acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.