Queensland Consolidated Regulations

TRANSPORT INFRASTRUCTURE (PUBLIC MARINE FACILITIES) REGULATION 2023 - REG 78

78 Compensation

(1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including a loss arising from compliance with a requirement made of the person under division 4 .

(2) The compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b) for an alleged offence against this regulation the investigation of which gave rise to the claim for compensation.

(3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4) Section 76 does not provide for a statutory right of compensation other than as provided by this section.

(5) In this section—

"loss" includes costs and damage.