Financial Intermediaries Act 1996
sec.46Compensation
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sec.46 Compensation
A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this subdivision, including, for example, in complying with a requirement made of the person. 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 offence brought against the person claiming compensation. A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case. A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. (sec.46-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this subdivision, including, for example, in complying with a requirement made of the person. (sec.46-ssec.2) 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 offence brought against the person claiming compensation. (sec.46-ssec.3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case. (sec.46-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.
- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
- (b) for an offence brought against the person claiming compensation.