(1)  A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 3 of this Part.

(2)  Compensation may be claimed and ordered in a proceeding –

(a) brought in a court of competent jurisdiction; or

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

(3)  The 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.

(4)  The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.