Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) as a result of equipment being operated in the exercise of powers under this Act :
(i) damage is caused to the equipment; or
(ii) damage is caused to any data recorded on the equipment or data access to which was obtained from the operation of the equipment ; 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 .
(2) The Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, a reasonable amount of compensation.
(3 ) If th e equipment was moved or seized , then, in determining the amount of compensation payable, regard is to be had to whether a person responsible for the equipment at the time provided any appropriate warning or guidance on the operation of the equipment.
(4) In this section:
"damage" , in relation to data, includes damage by erasure of data or addition of other data.