Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 202

  (1)   If:

  (a)   damage is caused to equipment as a result of it being operated as mentioned in section   200, 201 or 201AA; or

  (b)   the data recorded on or accessible from the equipment is damaged;

and the damage was caused as a result of:

  (c)   insufficient care being exercised in selecting the person who was to operate the equipment; or

  (d)   insufficient care being exercised by the person operating the equipment;

compensation for the damage is payable to the owner of the equipment or the user of the data concerned.

  (2)   For the purposes of subsection   (1), damage to data includes damage by erasure of data or addition of other data.

  (3)   Compensation is payable out of money appropriated by the Parliament for the purpose.

  (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.