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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.