23Compensation for property loss or serious damage

23 Compensation for property loss or serious damage

(1)  If a person suffers loss of or serious damage to property as a direct result of an authorised operation conducted by the Police Service, the State is liable to pay to the person compensation as agreed between the State and the person or, in default of agreement, as determined by action against the State in a court of competent jurisdiction.

(2)  Subsection (1) does not apply if –

(a) the person suffered the loss or damage in the course of, or as a direct result of, engaging in any criminal activity (other than criminal activity that is controlled conduct); or

(b) the person was a law enforcement officer involved in the authorised operation at the time of suffering the loss or damage.