sec.219Compensation

sec.219 Compensation

If a person incurs loss or expense because of the exercise or purported exercise of a power under this part 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 this part. Despite subsection (1) , a person may claim compensation for loss or expense incurred because of the exercise or purported exercise of a power to make a closure order only if— the order is revoked; or the order is found to have been wrongfully made; or the order is found by a court to be invalid. 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 219 sub 2004 No. 47 s 42 amd 2025 No. 27 s 32 (sec.219-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under this part 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.219-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 this part. (sec.219-ssec.3) Despite subsection (1) , a person may claim compensation for loss or expense incurred because of the exercise or purported exercise of a power to make a closure order only if— the order is revoked; or the order is found to have been wrongfully made; or the order is found by a court to be invalid. (sec.219-ssec.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. (sec.219-ssec.5) 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) the order is revoked; or
• (b) the order is found to have been wrongfully made; or
• (c) the order is found by a court to be invalid.