Queensland Consolidated Acts

LIQUID FUEL SUPPLY ACT 1984 - SECT 50

50 Compensation for loss occasioned by compliance with directions

(1) Subject to this section, a person or association of persons who—

(a) as a result of complying with any provision of this Act or with any direction, prohibition or requisition directed to the person or association of persons under this Act; or

(b) while complying with or engaging in giving effect to any such provision, direction, prohibition or requisition;

suffers injury, loss or damage for which the person or association of persons is not indemnified is entitled to be paid by the Crown such amount of compensation in respect of the injury, loss or damage as is agreed between the Crown and that person or association of persons or, failing agreement, as is determined by the Supreme Court upon application made by or on behalf of the Crown or that person or association.

(2) Compensation is not payable under subsection (1) in respect of injury, loss or damage suffered by a person or association of persons unless a claim for compensation is lodged with the Minister within 12 months, or such longer period as is prescribed, after the injury.

(3) In assessing the amount of compensation payable under subsection (1) in respect of injury, loss or damage suffered—

(a) account shall be taken only of so much of the injury, loss or damage as the person or association by or on whose behalf the claim therefor was lodged is not and is not likely to be in a position to make good from the market supplied by that person or association; and

(b) no account shall be taken of such injury, loss or damage as is of a kind that was sustained by the community at large or a substantial section of it as a result of the same event or transaction; and

(c) due regard shall be had to any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to this section and arising out of the same event or transaction.