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FAIR TRADING INSPECTORS ACT 2014 - SECT 67
Compensation
67 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
inspector including a loss arising from compliance with a requirement made of
the person under this chapter.
(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 Act or a primary Act 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 65 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.
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