Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 422

422 Compensation

(1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 or chapter 2 , part 4 the person may claim compensation—

(a) for the exercise or purported exercise of a power by or for the State—from the State; or

(b) for the exercise or purported exercise of a power by or for a local government—from the local government.

(2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 or chapter 2 , part 4 .

(3) Compensation may be claimed and ordered to be paid 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.