Document ID: chunk:federal_register_of_legislation:F2020L01675:reg:34
Version: federal_register_of_legislation:F2020L01675
Segment Type: reg
Provision Reference: reg 34
Character Range: 28818–30341

34      Amount of compensation

(1)    If a responsible officer decides under section 33(1)(h) (Penalties that may be imposed etc.) that compensation is payable by a person to the University for damage to the information infrastructure, the amount of the compensation payable is to be decided by the responsible officer in accordance with the following provisions:

(a)    if the responsible officer considers that the damage is reparable—the amount of the compensation payable is the lesser of:

(i)    the amount that the responsible officer decides is the cost of repairing the damage; and

(ii)    $5,000;

(b)    if the responsible officer considers that the damage is irreparable—the amount of the compensation payable is the lesser of:

(i)    the amount that the responsible officer decides is the cost (including any reasonable administrative costs) of replacing the relevant part of the information infrastructure (or anything forming part of it); and

(ii)    $5,000.

(2)    Despite any compensation paid (or payable) by the person under section 33(1)(h) for the damage to the information infrastructure, the University may recover from the person, in a court of competent jurisdiction, as a debt and in addition to the costs of the recovery:

(a)    any unpaid part of the cost of repairing the information infrastructure; or

(b)    any unpaid part of the cost (including any reasonable administrative costs) of replacing the relevant part of the information infrastructure (or anything forming part of it).