Auditor-General Act 2009
sec.49Compensation
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sec.49 Compensation
A person, other than a public sector entity, or anyone else subject to audit, who incurs any loss or expense— because of the exercise or purported exercise of a power under this division; or in complying with a requirement made of the person under this division; may claim compensation from the State. A payment of compensation may be claimed and ordered— in a proceeding for compensation brought in a court having jurisdiction in relation to the recovery of a debt in the amount of the compensation claimed; or during a proceeding for an offence against this Act brought against the person by whom the claim is made. A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case. (sec.49-ssec.1) A person, other than a public sector entity, or anyone else subject to audit, who incurs any loss or expense— because of the exercise or purported exercise of a power under this division; or in complying with a requirement made of the person under this division; may claim compensation from the State. (sec.49-ssec.2) A payment of compensation may be claimed and ordered— in a proceeding for compensation brought in a court having jurisdiction in relation to the recovery of a debt in the amount of the compensation claimed; or during a proceeding for an offence against this Act brought against the person by whom the claim is made. (sec.49-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.
- (a) because of the exercise or purported exercise of a power under this division; or
- (b) in complying with a requirement made of the person under this division;
- (a) in a proceeding for compensation brought in a court having jurisdiction in relation to the recovery of a debt in the amount of the compensation claimed; or
- (b) during a proceeding for an offence against this Act brought against the person by whom the claim is made.