Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 64

  (1)   If:

  (a)   a person suffers loss or injury as a result of the use of a surveillance device by any of the following:

  (i)   the Australian Federal Police;

  (ii)   the National Anti - Corruption Commissioner or another National Anti - Corruption Commission officer;

  (iii)   the Australian Crime Commission; and

  (b)   the use of that device:

  (i)   is prohibited by the law of the State or Territory in which the use occurs; and

  (ii)   is not in accordance with this Act;

the Commonwealth is liable to pay to the person who has suffered the loss or injury such compensation as is agreed on between the Commonwealth and that person or, in default of such an agreement, as is determined by action against the Commonwealth in a court of competent jurisdiction.

  (2)   If:

  (a)   a person suffers loss or injury as a result of the use of:

  (i)   a computer; or

  (ii)   a telecommunications facility operated or provided by the Commonwealth or a carrier; or

  (iii)   any other electronic equipment; or

  (iv)   a data storage device;

    for the purpose of obtaining access to, or disrupting, data that is held in the computer; and

  (b)   the use of the computer, facility, equipment or device, as the case may be, was by any of the following:

  (i)   the Australian Federal Police;

  (ii)   the National Anti - Corruption Commissioner or another National Anti - Corruption Commission officer;

  (iii)   the Australian Crime Commission; and

  (c)   the use of the computer, facility, equipment or device, as the case may be, is prohibited by the law of the State or Territory in which the use occurs; and

  (d)   the use of the computer, facility, equipment or device, as the case may be, is neither:

  (i)   in accordance with this Act; nor

  (ii)   in the performance of a function, or the exercise of a power, conferred by a law of the Commonwealth;

the Commonwealth is liable to pay to the person who has suffered the loss or injury:

  (e)   such compensation as is agreed on between the Commonwealth and that person; or

  (f)   in default of such an agreement--such compensation as is determined by action against the Commonwealth in a court of a State or Territory that has jurisdiction in relation to the matter.

  (3)   If:

  (a)   a person suffers loss or injury as a result of the use of:

  (i)   a computer; or

  (ii)   a telecommunications facility operated or provided by the Commonwealth or a carrier; or

  (iii)   any other electronic equipment; or

  (iv)   a data storage device;

    for the purpose of obtaining access to, or disrupting, data that is held in the computer; and

  (b)   the use of the computer, facility, equipment or device, as the case may be, was authorised by an emergency authorisation for disruption of data held in a computer; and

  (c)   the giving of the emergency authorisation was not approved under section   35B;

the Commonwealth is liable to pay to the person who has suffered the loss or injury:

  (d)   such compensation as is agreed on between the Commonwealth and that person; or

  (e)   in default of such an agreement--such compensation as is determined by action against the Commonwealth in a court of a State or Territory that has jurisdiction in relation to the matter.