Part IAAA - Delayed notification search warrants  

Division 3 - Exercise of powers under delayed notification search warrants  

SECTION 3ZZCI   Compensation for damage to electronic equipment  

This section applies if:

(a) as a result of equipment being operated as mentioned in section 3ZZCE , 3ZZCF , 3ZZCG or 3ZZCH :

(i) damage is caused to the equipment; or

(ii) damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

(iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating the equipment.

The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.

However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the court determines.

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