Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 64

64 Compensation

(1) This section does not apply to the exercise of a power (including the making of a requirement) to which section 31 (1) (a) applies.

(2) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under a transport Act, including, for example, in complying with a requirement made of the person.

(3) Compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the compensation; or

(b) for an offence against this Act brought against the person claiming compensation.

(4) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.

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

(6) In this section—

"transport Act" does not include the Tow Truck Act 2023 .