sec.233Compensation

sec.233 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 any of the following subdivisions of division 2 — subdivision 2 (Power to enter places) subdivision 4 (General powers) subdivision 5 (Power to seize evidence) subdivision 7 (Power to obtain information). However, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against— the inspector; or a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector. Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. A court may order compensation to be paid only if it is 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.233-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 any of the following subdivisions of division 2 — subdivision 2 (Power to enter places) subdivision 4 (General powers) subdivision 5 (Power to seize evidence) subdivision 7 (Power to obtain information). (sec.233-ssec.2) However, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against— the inspector; or a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector. (sec.233-ssec.3) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. (sec.233-ssec.4) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. (sec.233-ssec.5) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.233-ssec.6) 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.

• • subdivision 2 (Power to enter places)
• • subdivision 4 (General powers)