Moreover, it operates at any time the Commonwealth makes a compulsory acquisition of property.

Section 40 prohibits the compulsory acquisition of property by the state, except in a few very restricted circumstances related to public purposes.

The cases under Protocol 1, article 1, primarily turn on the question of compulsory acquisition of property by the government.

The granting of the Railway Order permits both the construction of the scheme and any necessary compulsory acquisition of property.

The legislation sought to enshrine in the Australian constitution various civil rights, including freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property.

These are very large powers, every bit as large as powers of compulsory acquisition of property; and, in my judgment, the court should seek to ensure that, just as in the case of compulsory purchase powers, the conditions for the exercise of the powers conferred by the 1975 Act are strictly observed.