FAIR TRADING ACT 2010 - SECT 77

FAIR TRADING ACT 2010 - SECT 77

77 .         Damage to equipment or data, compensation for

        (1)         This section applies where —

            (a)         either —

                  (i)         damage is caused to equipment as a result of it being operated as mentioned in section 76; or

                  (ii)         the data recorded on or accessible from the equipment is damaged;

                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.

        (2)         Where this section applies, the owner of the equipment or the user of data recorded on or accessible from the equipment is entitled to compensation for the damage.

        (3)         For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data.

        (4)         An application for compensation is to be made to the Commissioner.

        (5)         In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises (or the person in charge of the motor vehicle, as the case requires) 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.

        (6)         Any compensation that is payable under this section is to be charged to the Consolidated Account, and this Act, without further appropriation, is sufficient authority for the payment of the compensation.