Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 119

  (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.