STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 108V
Compensation—immobilisation warrant
STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 108V
Compensation—immobilisation warrant
108V Compensation—immobilisation warrant
(1) A person may claim from the State the cost of repairing or replacing
property damaged by an enforcement officer when exercising or purporting to
exercise a power under an immobilisation warrant.
(2) Without limiting
subsection (1) , compensation may be claimed for a loss or expense incurred in
complying with a requirement made of the person under section 114.
(3)
Compensation may be claimed and ordered to be paid in a proceeding—
(a)
brought in a court with jurisdiction for the recovery of the amount of
compensation claimed; 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 it is satisfied it is just to make the order in the circumstances
of the particular case.
