sec.778Compensation for damage because of exercise of powers

### sec.778 Compensation for damage because of exercise of powers A person may claim compensation from the State if the person incurs a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by or for an inspector or authorised officer. Without limiting subsection (1) , compensation may be claimed for a cost, damage or loss incurred because of the compliance with a requirement made of the person under this part. The compensation may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act to which the claim relates. 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. In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant. A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (sec.778-ssec.1) A person may claim compensation from the State if the person incurs a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by or for an inspector or authorised officer. (sec.778-ssec.2) Without limiting subsection (1) , compensation may be claimed for a cost, damage or loss incurred because of the compliance with a requirement made of the person under this part. (sec.778-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act to which the claim relates. (sec.778-ssec.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. (sec.778-ssec.5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant. (sec.778-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. - (a) brought in a court of competent jurisdiction; or - (b) for an offence against this Act to which the claim relates.