Australian Capital Territory Repealed Acts

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This legislation has been repealed.

TREE PROTECTION (INTERIM SCHEME) ACT 2001 (REPEALED) - SECT 46

Compensation

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

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

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

        (b)     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)     The regulations 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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