Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 235

    (1)     A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by a police officer or a person assisting who is not a police officer.

    (2)     Compensation may be claimed and ordered in a proceeding for—

        (a)     compensation brought in a court of competent jurisdiction; or

        (b)     an offence against this Act or another Territory law brought against the person making the claim for compensation.

    (3)     A court must not order the payment of reasonable compensation for the loss or expense unless it is satisfied it is just to make the order in the circumstances of the particular case.

Example for claim for damage or corruption of computer data

The court may have regard to whether the occupier of the premises and any employees, agents or officers of the occupier, if they were available at the time, gave any appropriate warning or guidance on the operation of the computer equipment.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     The regulations may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.