49Compensation for damage to recording, data storage or transmitting devices

49 Compensation for damage to recording, data storage or transmitting devices

(1) This section applies if: (a) as a result of a security officer or an authorised court officer operating a device either as a result of a request made under paragraph 17(4)(b) or under paragraph 17(6)(b) or stopping or preventing the use of a device under paragraph 17(6)(c): (i) damage is caused to the device; or (ii) the data recorded on the device, other than an unauthorised recording within the meaning of section 17, is damaged; and (b) the damage occurs because the security officer or authorised court officer did not take sufficient care in operating the device or stopping or preventing the use of the device. (2) The Commonwealth must pay the owner of the device or the damaged data such reasonable compensation for the damage as the Commonwealth and the owner agree on. (3) However, if the owner and the Commonwealth fail to agree, the owner may institute proceedings in the Federal Court of Australia 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 the person who gave the device to a security officer or an authorised court officer on request under subsection 17(1), or from whom the device was seized under subsection 17(3) or paragraph 17(6)(a), complied with a request under paragraph 17(4)(b), (c) or (d) or subsection 17(5). (5) For the purposes of subsection (1):

damage, in relation to data, includes damage by erasure of data.