If:

(a)

an asset was not used or dealt with by the holder in accordance with the instructions of the owner or controller of the asset; and

(b)

the holder was acting in good faith, and without negligence, in purported compliance with these regulations; and

(c)

the asset was not a freezable asset;

the owner of the asset is entitled to be compensated by the Commonwealth for any loss resulting from the application of these Regulations.