Interpretation against interference with property rights

 

A legislature has the power to enact laws that interfere with property rights (for example, by expropriating land), but the courts presume that no such interference is intended unless that intention is made clear.

It is presumed that compensation is required if property rights are interfered with.

Section 51 (xxxi) of the Commonwealth constitution requires the federal government to pay compensation for interference with property rights.

State legislatures are not restricted in the same way. However any ambiguity in state legislation will be construed (interpreted) in favour of the presumption requiring compensation.