Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) damage is caused to equipment as a result of it being operated as mentioned in section 120; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
(2) The Regulator must pay the owner such reasonable compensation as the owner and the Regulator agree on. If the Regulator and the owner fail to agree, the owner may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.
(3) Compensation is payable out of money appropriated by the Parliament.
(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, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.