3MCompensation for damage to equipment

3M  Compensation for damage to equipment  (a) as a result of equipment being operated as mentioned in subsection 3FA(7) or section 3K, 3L or 3LAA:  (ii) damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or  (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.  (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a court of competent jurisdiction 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 any of the following persons, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment:  (a) if the equipment was operated under a warrant issued in relation to premises—the occupier of the premises, or the occupier’s employees or agents;  (b) if the equipment was operated under a warrant issued in relation to a person—that person, or that person’s agents.  (5) Compensation is payable out of money appropriated by the Parliament.  (6) For the purposes of subsection (1):