JSB171 Lecture 1: 6.1 [51(ii)&99, (xxxi), 92, 117] Express Federal Guarantees.doc
Document Summary
Acquisition of property on just terms: s51(xxxi) s 51. Nature of the power: this is a dual provision, allows acquisition of property, provides a right of acquisition. It may also be seen as a compound provision stating that if there is an acquisition then it must be on just terms. Other parts of s51: sole source of legislative power to acquire compulsorily w. h blakely & co pty ltd v cth (1953) for these purposes to. Airservices australia v canadian airlines international ltd [1999] [since newcrest mining wa v cth it is accepted that any federal law operating in a territory supported by another head of power (including supported solely by s122) is subject to s51 (xxxi)] 2009-1: since wurridjal (2009) the territories power is definitely limited by the requirement for just terms in s51(xxxi) Agreements: an agreement is not an acquisition s 51(xxxi) only operates when the legislation falls under that head of power.
