Australian Constitutional Law Concepts and Cases

This chapter examines section 51(xxxi) of the Australian Constitution, which functions as: (1) a head of federal legislative power empowering the Commonwealth to compulsorily acquire property from individuals and States; and (2) as a limitation on federal legislative power restricting the power of the Commonwealth to acquire property otherwise than on just terms. The High Court has given a broad interpretation of the concept of ‘property’, which includes the full range of property rights recognised by the general law, such as real and personal property, intellectual property, and choses in action. The High Court has also given a broad interpretation to the concept of ‘acquisition’, but has emphasised that mere deprivation or taking of property without some countervailing benefit accruing to another does not amount to an acquisition.