581Compensation because of exercise of powers

581 Compensation because of exercise of powers

581 Compensation because of exercise of powers

(1) A person may claim compensation from the Regulator if the person incurs costs, damage or loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including costs, damage or loss incurred because of compliance with a requirement made of the person under this Chapter.

(2) However, subsection (1) does not apply—

(a) to costs, damage or loss incurred because of a lawful seizure or forfeiture; or

(b) if the costs, damage or loss was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.

(3) The compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b) for an offence against this Law in relation to which the power was exercised or purportedly exercised.

(4) 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.

(5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.

(6) The national regulations may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.