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Confiscation of Criminal Assets Act 2003
235Compensation
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235 Compensation
(1) A person may claim reasonable compensation from the Territory if
the person suffers loss or expense because of the exercise, or
purported exercise, of a function under this part by a police officer or
a person assisting who is not a police officer.
(2) Compensation may be claimed and ordered in a proceeding for—
(a) compensation brought in a court of competent jurisdiction; or
(b) an offence against this Act or another territory law brought
against the person making the claim for compensation.
Search warrants—miscellaneous Division 13.7
(3) A court must not order the payment of reasonable compensation for
the loss or expense unless it is satisfied it is just to make the order in
the circumstances of the particular case.
Example for claim for damage or corruption of computer data
The court may have regard to whether the occupier of the premises and any
employees, agents or officers of the occupier, if they were available at the time,
gave any appropriate warning or guidance on the operation of the computer
equipment.
(4) A regulation may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to
make the order.