QLDIn ForceAct
Lotteries Act 1997
sec.197Compensation
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### sec.197 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 1 (Power to enter places)
subdivision 3 (General powers)
subdivision 4 (Power to seize evidence)
subdivision 6 (Power to obtain information).
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.197-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 1 (Power to enter places) subdivision 3 (General powers) subdivision 4 (Power to seize evidence) subdivision 6 (Power to obtain information).
(sec.197-ssec.2) 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.197-ssec.3) 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.197-ssec.4) 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.197-ssec.5) 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 1 (Power to enter places)
- • subdivision 3 (General powers)
- • subdivision 4 (Power to seize evidence)
- • subdivision 6 (Power to obtain information).
- (a) brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or
- (b) for an offence against this Act brought against the person claiming compensation.