Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 367

367 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 17 or 18 .

(2) However, subsection (1) does not include loss arising from a lawful seizure or a lawful forfeiture.

(3) 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 part the investigation of which gave rise to the claim for compensation.

(4) 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.

(5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.

(6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

(7) Section 365 does not provide for a statutory right of compensation other than is provided by this section.

(8) In this section—

"loss" includes costs and damage.