Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision J - General powers to monitor and audit  

SECTION 214AJ   COMPENSATION FOR DAMAGE TO ELECTRONIC EQUIPMENT  

214AJ(1)   [Application]  

This section applies if:

(a) damage is caused to equipment as a result of it being operated as mentioned in subsection 214AB(2); 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.

214AJ(2)   [Reasonable compensation]  

The Commonwealth must pay to the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as they agree on.

214AJ(3)   [Proceedings may be instituted]  

However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings against the Commonwealth in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

214AJ(4)   [Regard to be had to certain factors]  

In determining the amount of compensation payable, regard is to be had 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.

214AJ(5)   [Appropriation]  

Compensation is payable out of money appropriated by the Parliament.

214AJ(6)   [Definition]  

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