Queensland Subordinate Legislation as Made

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) REGULATION 2021 - REG 21

21 Compensation orders [CA, s 1317H]

(1) Any of the following may apply to the Supreme Court for an order (a
"compensation order" ) requiring a board member of a distributor-retailer to pay the applicant or another person an amount as compensation for damage suffered by the applicant or the other person because the board member has contravened section 6 , 7 , 8 or 9 —

(a) the distributor-retailer;

(b) a participating local government;

(c) the State.

(2) An application for a compensation order may be made whether or not a declaration of contravention has been made for the matter the subject of the application.

(3) The court may order the board member to pay to the applicant or other person, as compensation, an amount, decided by the court, if the court is satisfied—

(a) the board member has contravened section 6 , 7 , 8 or 9 ; and

(b) the applicant or other person has suffered damage because of the contravention.

(4) The order must state the amount of the compensation.

(5) The court may relieve the board member either wholly or partly from paying the compensation if the court is satisfied—

(a) the board member acted honestly; and

(b) having regard to all the circumstances of the contravention, the board member ought fairly to be excused for the contravention.

(6) A compensation order may be enforced as if it were a judgment of the court.