Commonwealth Numbered Acts

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994 No. 41 of 1994 - SECT 29

29.(1) If:

   (a)  equipment is damaged because of being operated as mentioned in section
        27 or 28; and

   (b)  the damage was caused as a result of:

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

        (ii)   insufficient care being exercised by the person operating the
               equipment; the NRA must pay compensation for the damage to the
               owner of the equipment.

(2) 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.