Queensland Consolidated Acts
[Search this Act]
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87RW
(1) A person may claim compensation from the commission if the person incurs
loss because of the exercise, or purported exercise, of a power by or for an
authorised person including a loss arising from compliance with a requirement
made of the person under division 3 .
(2) However, subsection (1) does not
include loss arising from a lawful seizure or a lawful forfeiture.
compensation may be claimed and ordered in a proceeding—
(a) brought in a
court with jurisdiction for the recovery of the amount of compensation
(b) for an alleged offence against this Act or the National
Injury 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.
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.
Section 87RU does not provide for a statutory right of compensation other
than as provided by this section.
(8) In this section—
"loss" includes costs and damage.
AustLII: Copyright Policy