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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 46
Compensation for damage to electronic equipment
- (1)
- This section applies if:
- (a)
- as a result of electronic equipment being operated as mentioned in
section 36:
- (i)
- damage is caused to the equipment; or
- (ii)
- the data recorded on the equipment is damaged; or
- (iii)
- programs associated with the use of the equipment, or with the use of
the data, are damaged or corrupted; and
- (b)
- the damage or corruption occurs because:
- (i)
- insufficient care was exercised in selecting the person who was to operate
the equipment; or
- (ii)
- insufficient care was exercised by the person operating the equipment.
- (2)
- The Commonwealth must pay the owner of the equipment, or the user of the
data or programs, such reasonable compensation for the damage or corruption as
the Commonwealth and the owner or user agree on.
- (3)
- However, if the owner or user and the Commonwealth fail to agree, the
owner or user may institute proceedings in the Federal Court of Australia for
such reasonable amount of compensation as the Court determines.
- (4)
- In determining the amount of compensation payable, regard is to be had to
whether the occupier of the premises, or the occupier's employees and agents,
if they were available at the time, provided any appropriate warning or
guidance on the operation of the equipment.
- (5)
- Compensation is payable out of money appropriated by the Parliament.
- (6)
- For the purposes of subsection (1):
"damage", in relation to data, includes damage by erasure of data or addition
of other data.
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