Proceeds of Crime Act 2002
This section applies if:
(a) damage is caused to equipment as a result of it being operated as mentioned in section 243 or 245 ; 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.
248(2)
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 they agree on.
248(3)
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.
248(4)
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, provided any appropriate warning or guidance on the operation of the equipment.
248(5)
Compensation is payable out of money appropriated by the Parliament.
248(6)
For the purposes of subsection (1), damage to * data includes damage by erasure of data or addition of other data.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.