Compensation
233 Compensation
A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2—
• subdivision 2 (Power to enter places)
• subdivision 4 (General powers)
• subdivision 5 (Power to seize evidence)
• subdivision 7 (Power to obtain information).
However, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against—
the inspector; or
a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector.
Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.
Compensation may be claimed and ordered in a proceeding—
brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or
for an offence against this Act brought against the person claiming compensation.
A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.
This Act’s bill:Explanatory memorandum
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