sec.334Compensation

### sec.334 Compensation A person may claim compensation from the following if the person incurs loss because of the exercise, or purported exercise, of a power by a designated officer, including a loss arising from compliance with a requirement made of the person under this Act— if the designated officer was appointed by the chief executive—the State; if the designated officer was appointed by the chief executive officer of a local government—the local government; if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power; if the designated officer was appointed by an invasive animal board—the board. However, subsection (1) (a) applies only to loss arising from an accidental, negligent or unlawful act or omission. Also, subsection (1) does not include— loss arising from a lawful seizure or a lawful forfeiture; or loss arising from a biosecurity response. The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. 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. In considering whether it is just to order compensation, the court must have regard to any relevant biosecurity offence committed by the claimant. A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. Section 332 does not provide for a statutory right of compensation other than is provided by this section. In this section— exercise , of a power, by a designated officer includes— the exercise of a power for the officer; and the purported exercise of a power by or for the officer. loss includes costs and damage. (sec.334-ssec.1) A person may claim compensation from the following if the person incurs loss because of the exercise, or purported exercise, of a power by a designated officer, including a loss arising from compliance with a requirement made of the person under this Act— if the designated officer was appointed by the chief executive—the State; if the designated officer was appointed by the chief executive officer of a local government—the local government; if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power; if the designated officer was appointed by an invasive animal board—the board. (sec.334-ssec.2) However, subsection (1) (a) applies only to loss arising from an accidental, negligent or unlawful act or omission. (sec.334-ssec.3) Also, subsection (1) does not include— loss arising from a lawful seizure or a lawful forfeiture; or loss arising from a biosecurity response. (sec.334-ssec.4) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. (sec.334-ssec.5) 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. (sec.334-ssec.6) In considering whether it is just to order compensation, the court must have regard to any relevant biosecurity offence committed by the claimant. (sec.334-ssec.7) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (sec.334-ssec.8) Section 332 does not provide for a statutory right of compensation other than is provided by this section. (sec.334-ssec.9) In this section— exercise , of a power, by a designated officer includes— the exercise of a power for the officer; and the purported exercise of a power by or for the officer. loss includes costs and damage. - (a) if the designated officer was appointed by the chief executive—the State; - (b) if the designated officer was appointed by the chief executive officer of a local government—the local government; - (c) if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power; - (d) if the designated officer was appointed by an invasive animal board—the board. - (a) loss arising from a lawful seizure or a lawful forfeiture; or - (b) loss arising from a biosecurity response. - (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. - (a) the exercise of a power for the officer; and - (b) the purported exercise of a power by or for the officer.