Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 11F

             (1)  If:

                     (a)  equipment is damaged because of being operated as mentioned in section 11D or 11E; and

                     (b)  the damage was caused by:

                              (i)  insufficient care being exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care being exercised by the person (other than the occupier or a person employed by the occupier) operating the equipment;

compensation for the damage is payable to the owner of the equipment.

             (2)  Compensation is payable out of money appropriated by the Parliament for the purpose.

             (3)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.