Document ID: chunk:federal_register_of_legislation:C2017C00123:section:119
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 119
Character Range: 120571–121766

119  Compensation for damage to equipment
 (1) This section applies if:
 (a) as a result of equipment being operated in the exercise of powers under this Act:
 (i) damage is caused to the equipment; or
 (ii) damage is caused to any data recorded on the equipment or data access to which was obtained from the operation of the equipment; 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 occurs 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 Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, a reasonable amount of compensation.
 (3) If the equipment was moved or seized, then, in determining the amount of compensation payable, regard is to be had to whether a person responsible for the equipment at the time provided any appropriate warning or guidance on the operation of the equipment.
 (4) In this section:
damage, in relation to data, includes damage by erasure of data or addition of other data.