Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) damage is caused to equipment as a result of its being operated as mentioned in section 38M or 38N; and
(b) the damage was caused as a result of:
(i) a lack of reasonable care in selecting the person who was to operate the equipment; or
(ii) a lack of reasonable care on the part of the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
(2) Compensation is payable out of money appropriated by the Parliament for the purpose.
(3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises or his or her employees or agents could have provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances but failed to do so.