sec.78Compensation

sec.78 Compensation

A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under part 3 , division 1 . The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case. In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture. A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. Section 76 does not provide for a statutory right of compensation other than as provided by this section. In this section— loss includes costs and damage. (sec.78-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under part 3 , division 1 . (sec.78-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. (sec.78-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.78-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture. (sec.78-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (sec.78-ssec.6) Section 76 does not provide for a statutory right of compensation other than as provided by this section. (sec.78-ssec.7) In this section— loss includes costs and damage.

• (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
• (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.
• (a) any relevant offence committed by the claimant; and
• (b) whether the loss arose from a lawful seizure or lawful forfeiture.