Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision JA - Powers to monitor and audit - Australia-United States Free Trade Agreement  

SECTION 214BAL   COMPENSATION FOR DAMAGE TO ELECTRONIC EQUIPMENT  

214BAL(1)   [Application of section]  

This section applies if:

(a) as a result of equipment being operated as mentioned in section 214BAC:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; 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.

214BAL(2)   [Reasonable compensation]  

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

214BAL(3)   [Institution of court proceedings]  

However, if the owner or user and the Commonwealth 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.

214BAL(4)   [Determination of compensation]  

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.

214BAL(5)   [Compensation payable]  

Compensation is payable out of money appropriated by the Parliament.

214BAL(6)   [Definition]  

For the purposes of subsection (1):

damage
, in relation to data, includes damage by erasure of data or addition of other data.