Constitutional law (Cth) – Legislative power – Acquisition of property on just terms – Where Government of Russian Federation granted lease in 2008 by Commonwealth of Australia for land in Australian Capital Territory – Where land to be used for diplomatic, consular or official purposes by Russian Federation – Where land was 300 metres from Parliament House – Where lease terminated by operation of Home Affairs Act 2023 (Cth) – Whether Home Affairs Act supported by s 122 of the Constitution – Whether termination of lease constituted acquisition of property within meaning and scope of s 51(xxxi) of Constitution – Whether s 51(xxxi) of Constitution limited to empowering acquisition of property for purpose related to need for or proposed use or application of property to be acquired – Whether provision of just terms for termination of lease incongruous notion.
Words and phrases – "abstract", "acquisition", "acquisition of property", "acquisition power", "carved out", "compensation", "discretion as to costs", "fair dealing", "for the government of any territory", "foreign state", "head of power", "incidental power", "incongruous", "just terms", "land", "lease", "national security", "nexus", "Parliament House", "peace, order and good government", "power to make laws", "property", "proposed use", "protect", "purpose", "qualifies", "reversionary interest", "risk", "scope", "source of legislative power", "Takings Clause", "territories power".
Constitution, ss 51(xxxi), 96, 111, 122.
Home Affairs Act 2023 (Cth), ss 4, 5, 6, 7.