Document ID: chunk:federal_register_of_legislation:C2004A00599:clause:1_67eu
Version: federal_register_of_legislation:C2004A00599
Segment Type: clause
Provision Reference: sch 1 cl 67EU
Character Range: 46547–47932

67EU  Compensation for damage to equipment or data

 (1) If:
 (a) damage is caused to equipment as a result of it being operated in the exercise of monitoring powers; or
 (b) the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted;
because:
 (c) insufficient care was exercised in selecting the person who was to operate the equipment; or
 (d) insufficient care was exercised by the person operating the equipment;
compensation for the damage or corruption is payable by Customs to the owner of the equipment or the user of the data or programs concerned.

 (2) For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data.

 (3) Customs must pay the owner of the equipment or the user of the data or program such reasonable compensation as Customs and the owner or user agree on. If Customs and the owner or user fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

 (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.