Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 363

Compensation for exercise of enforcement powers

    (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 a police officer or authorised person or anyone assisting a police officer or authorised person.

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

        (a)     compensation; or

        (b)     an Australian heavy vehicle road law offence 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 satisfied that 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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