Australian Capital Territory Numbered Acts

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GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003) - SECT 163

Compensation for damage

    (1)     The owner of a thing is entitled to compensation for damage to the thing if—

        (a)     the damage was caused to the thing because of it being operated as mentioned in this part; and

        (b)     the damage was caused because of—

              (i)     insufficient care being exercised in selecting the person to operate the thing; or

              (ii)     insufficient care being exercised by the person operating the thing.

    (2)     Compensation is payable by the regulator.

    (3)     In deciding the amount of compensation payable, regard is to be had to whether the occupier of the premises and the occupier's employees and agents, if they were available at the time, had provided any warning or guidance about the operation of the thing that was appropriate in the circumstances.

Note     The Commonwealth Act, s 163 (2) provides for compensation to be payable out of money appropriated by the Commonwealth Parliament.



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