5Compensation for damage

5 Compensation for damage

5 Compensation for damage

(1) Subject to subclause (2), the owner of any goods damaged by virtue of the exercise of any powers under the Act may lodge with the Commissioner of Police a claim in writing for compensation for that damage.

(2) Where a motor vehicle on which goods were being carried at the time of seizure under section 5 (1) of the Act:

(a) does not include a trailer—the owner of the motor vehicle, or

(b) includes a trailer—the owner of the part of the motor vehicle other than the trailer (whether or not that owner also owns the trailer),

is not entitled to make a claim under subclause (1).

(3) Any person having an interest in any land of which possession was taken under section 5 (2) of the Act may lodge with the Commissioner of Police a claim in writing in respect of any damage to that land, including damage to fencing, caused by any person in the exercise of any powers under the Act.

(4) The amount of compensation payable by the Commissioner of Police to a claimant under subclause (1) or (3) is to be included in the amount (if any) recovered under section 8 of the Act in respect of the claim by that claimant.

(5) The Commissioner of Police must pay to a claimant under subclause (1) or (3) compensation payable to that claimant under subclause (4).