# Compensation—constitutional safety-net

> act-s306L — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

306L Compensation—constitutional safety-net
          (1) If:
                (a) apart from this section, the operation of this Division 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 for the recovery from the Commonwealth of such
              reasonable amount of compensation as the court determines.
          (3) A provision of this Act (other than this Division) that provides for
              compensation for the acquisition of property does not apply to this
              Division.
          (4) 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.










Division 4—Investigations and decision-making by the
          Migration Agents Registration Authority