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