Commonwealth Numbered Acts

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 No. 18 of 1995 - SECT 59

59.(1) If:

   (a)  damage is caused to equipment as a result of it being operated as
        mentioned in section 57 or 58; 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; 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 warrant premises and his or her employees and
agents, 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.