Page:Home Affairs Act 2023.pdf/7

Section 5 5 Termination of lease

A relevant lease, and any legal or equitable right, title, interest, trust, restriction, obligation, mortgage, encumbrance, contract, licence or charge, granted or arising under or pursuant to a relevant lease, or in dependence on a relevant lease, is terminated by force of this section on the commencement of this section.

6 Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the High Court of Australia or the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

7 This Act overrides any other law

(1) Subject to subsection (3), this Act:


 * (a) has effect despite any other law of the Commonwealth or of a State or Territory (whether written or unwritten); and


 * (b) applies despite any rights, duties, obligations, powers, limitations, offences, privileges or immunities (however described, and whether actual, contingent or prospective) which would otherwise apply under any other law of the Commonwealth or of a State or Territory (whether written or unwritten).

(2) Without limiting subsection (1), this Act has effect despite anything contained in, or any rights, duties, obligations, powers, limitations, offences, privileges or immunities (however described, and whether actual, contingent or prospective) that would otherwise apply under, any of the following (including any regulations or other legislative instruments made under them): No. 19, 2023