Compensation
197 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 1 (Power to enter places)
• subdivision 3 (General powers)
• subdivision 4 (Power to seize evidence)
• subdivision 6 (Power to obtain information).
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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