Dangerous Goods (Road Transport) Act 2009
107Compensation for exercise of enforcement powers
Start here
Get a plain-English read of 107
Turn the raw legal text into a practical explanation grounded in Dangerous Goods (Road Transport) Act 2009.
107 Compensation for exercise of enforcement powers (1) A person may claim 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 an authorised person or anyone assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an order under section 100 (Application for order disallowing seizure); or
(c) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (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.
Improvement notices Division 3.6.1