QLDIn ForceAct
Public Health Act 2005
sec.422Compensation
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### sec.422 Compensation
If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 or chapter 2 , part 4 the person may claim compensation—
for the exercise or purported exercise of a power by or for the State—from the State; or
for the exercise or purported exercise of a power by or for a local government—from the local government.
Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 or chapter 2 , part 4 .
Compensation may be claimed and ordered to be paid in a proceeding—
brought in a court with jurisdiction 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.
(sec.422-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 or chapter 2 , part 4 the person may claim compensation— for the exercise or purported exercise of a power by or for the State—from the State; or for the exercise or purported exercise of a power by or for a local government—from the local government.
(sec.422-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 part 2 or chapter 2 , part 4 .
(sec.422-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.
(sec.422-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.
- (a) for the exercise or purported exercise of a power by or for the State—from the State; or
- (b) for the exercise or purported exercise of a power by or for a local government—from the local government.
- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
- (b) for an offence against this Act brought against the person claiming compensation.