96Compensation for damage to equipment

96 Compensation for damage to equipment

(1) This section applies if: (a) as a result of equipment being operated as mentioned in Division 2 or 3 in relation to a monitoring area or investigation area: (i) damage is caused to the equipment; or (ii) any data recorded on the equipment is damaged (including by erasure of data or addition of other data); or (iii) any programs associated with the use of the equipment, or with the use of any data, are damaged or corrupted; and (b) the damage or corruption occurs because: (i) insufficient care was exercised in selecting the person who was to operate the equipment; or (ii) insufficient care was exercised by the person operating the equipment; and (c) the owner of the equipment, or the user of the data or programs, is not the Commonwealth. (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on. (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a Supreme Court of a State or Territory; for such reasonable amount of compensation as the court determines. (4) In determining the amount of compensation payable, regard is to be had to whether any relevant persons in relation to the monitoring area or investigation area, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.