Australian Capital Territory Current Acts

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DANGEROUS SUBSTANCES ACT 2004 - SECT 177

Compensation to be paid in certain circumstances

    (1)     A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this chapter by an inspector or person assisting.

    (2)     Compensation may be claimed and ordered in a proceeding for—

        (a)     compensation brought in a court of competent jurisdiction; or

        (b)     an order under section 170 (Application for order disallowing seizure); or

        (c)     an offence against this Act brought against the person making the claim for compensation.

    (3)     A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

    (4)     A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.



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