New South Wales Consolidated Acts

GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 25

25 Compensation for damage to property--where no person convicted of offence

(1) Without limiting section 23, a person who, without the consent of the Authority, carries out an activity that causes damage to, or interferes with, the whole or part of the Government telecommunications network in circumstances in which the person should have known that the damage or interference would result from the carrying out of the activity, is liable to compensate the Authority for all loss or damage suffered by the Authority as a result.

(2) The Authority is entitled to compensation under this section whether or not a person has been convicted of an offence in relation to the activity that caused damage to, or interfered with, the whole or part of the Government telecommunications network.

(3) The Authority is not entitled to compensation both under this section and another provision of this Act for the same damage or interference.

(4) A reference in this section to a person extends to any person--

(a) who caused the carrying out of the activity, or

(b) who ordered or directed that the activity be carried out, or

(c) who aided, assisted, counselled or procured the carrying out of the activity.

(5) The Authority may proceed against a person for recovery of its loss or compensation for its damage under this section whether or not the Authority has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.