45Compensation for damage to equipment

45 Compensation for damage to equipment

(1) If: (a) damage is caused to an instrument or other equipment as a result of being operated as mentioned in paragraph 12(1)(n) or subsection 34(4) or 35(1); and (b) the damage was caused as a result of: (i) insufficient care being exercised in selecting the person who was to operate the equipment; or (ii) insufficient care being exercised by the person operating the equipment; the Commonwealth must pay the person such reasonable amount of compensation: (c) as they agree on; or (d) failing agreement—as the Federal Court of Australia determines. (2) In determining the amount of compensation payable under paragraph (1)(d), regard is to be had to whether the occupier of the premises, if he or she were available at the time, had given any warning or guidance as to the operation of the instrument or other equipment that was appropriate in the circumstances.