Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 106U

106U Compensation

(1) A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an investigator including a loss arising from compliance with a requirement made of the person under this part.

(2) The 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 alleged offence against this Act or a relevant Act the investigation of which gave rise to the claim for compensation.

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

(4) In considering whether it is just to order compensation, the court must have regard to—

(a) any relevant offence committed by the claimant; and

(b) whether the loss arose from a lawful seizure or lawful forfeiture; and

(c) whether the loss arose from performing a function or exercising a power of an investigator in good faith and without negligence.

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

(6) Section 106S does not provide for a statutory right of compensation other than as provided by this section.

(7) In this section—

"loss" includes costs and damage.

"relevant Act" means—

(a) this Act; or

(b) the Building Act 1975 ; or

(c) the Building Industry Fairness (Security of Payment) Act 2017 ; or

(d) the Plumbing and Drainage Act 2018 .