Queensland Consolidated Acts

KENO ACT 1996 - SECT 211

211 Compensation

(1) A person may claim compensation from the Crown 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 1 (Power to enter places)

• subdivision 3 (General powers)

• subdivision 4 (Power to seize evidence)

• subdivision 6 (Power to obtain information).

(2) 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.

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

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

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

(4) 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.

(5) 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.