sec.64Compensation

sec.64 Compensation

If a person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , other than the exercise or purported exercise of a power under section 53 to destroy a thing seized under division 2 , the person may claim compensation from the State. Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under division 2 . 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.64-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , other than the exercise or purported exercise of a power under section 53 to destroy a thing seized under division 2 , the person may claim compensation from the State. (sec.64-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 division 2 . (sec.64-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.64-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.