Australian Capital Territory Numbered Acts

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005 (NO. 10 OF 2005) - SECT 73

    (1)     This section applies if—

        (a)     because of electronic equipment being operated as mentioned in section 49—

              (i)     damage is caused to the equipment; or

              (ii)     data recorded on the equipment is damaged; or

              (iii)     programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

        (b)     the damage or corruption happens because—

              (i)     insufficient care was exercised in selecting the person who was to operate the equipment; or

              (ii)     insufficient care was exercised by the person operating the equipment.

    (2)     The regulator must pay the owner of the equipment, or the user of the data or programs, the reasonable compensation for the damage or corruption agreed on with the owner or user.

    (3)     If the regulator and the owner or user do not agree on the amount of compensation, the owner or user may, by proceeding in a court of competent jurisdiction, recover from the regulator the reasonable compensation that the court decides.

    (4)     In deciding the amount of compensation payable, the court must have regard to whether the occupier of the premises, or the occupier's employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

    (5)     This section is additional to section 63B (Compensation to be paid in certain circumstances).

Note     This section differs from the Commonwealth Act, s 73.