Maritime Transport and Offshore Facilities Security Act 2003

This section applies if:

as a result of electronic equipment being operated as mentioned in section 139, 140A, 141, 148 or 148A:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

The Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, compensation of a reasonable amount to the person in respect of the damage or corruption.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

Compensation is payable out of money appropriated by the Parliament.