119Compensation for damage to equipment

#### 119 Compensation for damage to equipment (1) This section applies if: (a) as a result of equipment being operated in the exercise of powers under this Act: (i) damage is caused to the equipment; or (ii) damage is caused to any data recorded on the equipment or data access to which was obtained from the operation of the equipment; or (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and (b) the damage or corruption occurs because: (i) insufficient care was exercised in selecting the person who was to operate the equipment; or (ii) insufficient care was exercised by the person operating the equipment. (2) The Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, a reasonable amount of compensation. (3) If the equipment was moved or seized, then, in determining the amount of compensation payable, regard is to be had to whether a person responsible for the equipment at the time provided any appropriate warning or guidance on the operation of the equipment. (4) In this section: > damage, in relation to data, includes damage by erasure of data or addition of other data.