Document ID: chunk:federal_register_of_legislation:C2024C00627:section:51
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 51
Character Range: 64598–66163

51  Compensation for damage to electronic equipment
 (1) If:
 (a) damage is caused to equipment as a result of it being operated as mentioned in this Part; 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;
the owner of the equipment, or the user of the data or programs, is entitled to compensation for the damage or corruption.

Amount of compensation
 (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation as the Commonwealth and the owner or user agree on.
 (3) However, if the Commonwealth and the owner or user fail to agree, the owner or user may institute proceedings in a court of competent jurisdiction for such reasonable amount of compensation as the court determines.
 (4) Compensation is payable out of money appropriated by the Parliament.
 (5) 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.

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

Division 6—Occupier's rights and responsibilities