Queensland Consolidated Acts

INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 - SECT 233

233 Compensation

(1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —

• subdivision 2 (Power to enter places)

• subdivision 4 (General powers)

• subdivision 5 (Power to seize evidence)

• subdivision 7 (Power to obtain information).

(2) However, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against—

(a) the inspector; or

(b) a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector.

(3) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.

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

(a) brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or

(b) for an offence against this Act brought against the person claiming compensation.

(5) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(6) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.