QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.108VCompensation—immobilisation warrant
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### sec.108V Compensation—immobilisation warrant
A person may claim from the State the cost of repairing or replacing property damaged by an enforcement officer when exercising or purporting to exercise a power under an immobilisation warrant.
Without limiting subsection (1) , compensation may be claimed for a loss or expense incurred in complying with a requirement made of the person under section 114 .
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.
s 108V ins 2009 No. 48 s 13
(sec.108V-ssec.1) A person may claim from the State the cost of repairing or replacing property damaged by an enforcement officer when exercising or purporting to exercise a power under an immobilisation warrant.
(sec.108V-ssec.2) Without limiting subsection (1) , compensation may be claimed for a loss or expense incurred in complying with a requirement made of the person under section 114 .
(sec.108V-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.108V-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) 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.