163Compensation for damage

163 Compensation for damage (1) The owner of a thing is entitled to compensation for damage to the thing if— (a) the damage was caused to the thing because of it being operated as mentioned in this part; and

Power to search goods, baggage and containers and seize goods Division 11.8 (b) the damage was caused because of— (i) insufficient care being exercised in selecting the person to operate the thing; or (ii) insufficient care being exercised by the person operating the thing. (2) Compensation is payable by the regulator. (3) In deciding the amount of compensation payable, regard is to be had to whether the occupier of the premises and the occupier’s employees and agents, if they were available at the time, had provided any warning or guidance about the operation of the thing that was appropriate in the circumstances. Note The Commonwealth Act, s 163 (2) provides for compensation to be payable out of money appropriated by the Commonwealth Parliament. Division 11.8 Power to search goods, baggage and containers and seize goods