Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 107

Compensation for exercise of enforcement powers

    (1)     A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or anyone assisting an authorised person.

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

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

        (b)     an order under section 100 (Application for order disallowing seizure); or

        (c)     an offence against this Act brought against the person making the claim for compensation.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

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

    (4)     A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.



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