(1) If a person suffers:
(a) loss of or serious damage to property; or
(b) personal injury;
in the course of, or as a direct result of, the execution of an account takeover warrant, the Commonwealth is liable to pay to the person compensation as agreed between the Commonwealth and the person or, in default of agreement, as determined by action against the Commonwealth in:
(c) the Federal Court of Australia; or
(d) the Supreme Court of a State or Territory.
(2) Subsection (1) does not apply if the person suffered the loss, damage or injury in the course of, or as a direct result of, engaging in any criminal activity.