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s 64

Compensation

In force
Part 5Monitoring and enforcement
Division 4General enforcement matters
Subdivision 1Notice of damage and compensation

64 Compensation

(1)

If a person incurs loss or expense because of the exercise or purported exercise of a power under division 2, other than the exercise or purported exercise of a power under section 53 to destroy a thing seized under division 2, the person may claim compensation from the State.

(2)

Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under division 2.

(3)

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

(a)

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

(b)

for an offence against this Act brought against the person claiming compensation.

(4)

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.

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