168Compensation for damage caused during exercise of powers under this Part

168 Compensation for damage caused during exercise of powers under this Part

(1) The regulator must pay compensation for any damage caused by an authorised officer, or a person assisting an authorised officer, in exercising (or purporting to exercise) any power conferred under this Part.

(2) However, the regulator is not liable to pay compensation to a person for any damage caused during any inspection or search conducted in accordance with a search warrant under Division 4 or in accordance with Division 5 or 6 if—

(a) the thing that was the object of the inspection or search is found; and

(b) that thing provides evidence of a contravention of an industry law; and

(c) the damage caused was no more than reasonably necessary in inspecting, or searching for, the thing.

(3) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard must be had to—

(a) whether any of the following persons were available at the time to provide a warning or guidance as to the operation of the equipment—

(i) the occupier of the place at which the inspection or search occurred (or an employee or agent of the operator);

(ii) the driver of the motor vehicle that was searched or inspected;

(iii) the person in whose name that vehicle is registered under Part 3; and

(b) whether any warning or guidance was given by a person referred to in paragraph (a); and

(c) whether the warning or guidance was appropriate in the circumstances.

S. 169 inserted by No. 63/2017 s. 18.