Compensation
106 Compensation
A person may claim from the commissioner the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under this division.
The cost may be claimed and ordered to be paid in a proceeding—
brought in a court with jurisdiction for the recovery of the amount claimed; or
for an offence against this Act brought against the person claiming the amount.
A court may order an amount 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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