Some Aspects of the Acquisition Power of the Commonwealth

Abstract

Mr Hamilton's examination of the Australian Government's power under s. 51 (xxxi.) of the Constitution begins with an analysis of judicial interpretation of the concepts of “property” and “acquisition”. After drawing comparisons with the law relating to compulsory acquisition in the United States and Britain, he proceeds to suggest certain extensions of the definitions arrived at and to propose a test for “acquisition”, viz, whether the taking is for the “use and service of the Crown”. He concludes with a warning that some development of the law is required to combat any possible tendency toward “back door” acquisition by regulation.