State Penalties Enforcement Act 1999

A person may claim from the State the cost of repairing or replacing property damaged by an enforcement officer when exercising or purporting to exercise a power under an immobilisation warrant.

Without limiting subsection (1), compensation may be claimed for a loss or expense incurred in complying with a requirement made of the person under section 114.

Compensation may be claimed and ordered to be paid in a proceeding—

brought in a court with jurisdiction 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.