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QLDAct
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s 120

Compensation

In force
Part 5Investigation and enforcement
Division 7Compensation

120 Compensation

(1)

A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including a loss arising from compliance with a requirement made of the person under division 4 or 5.

(2)

The compensation may be claimed and ordered in a proceeding—

(a)

brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)

for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.

(3)

A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)

Section 118 does not provide for a statutory right of compensation other than as provided by this section.

(5)

In this section—

loss includes costs and damage.

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