Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) damage is caused to an instrument or other equipment as a result of being operated as mentioned in paragraph 34(1)(g), 38(1)(h) or 46(1)(l) or subsection 61(4) or 62(1); and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the instrument or other equipment.
(2) In determining the amount of compensation payable, regard is
to be had to whether the occupier of the premises and his or her employees and
agents, if they were available at the time, had provided any warning or
guidance as to the operation of the instrument or other equipment that was
appropriate in the circumstances.