Commonwealth Consolidated Acts

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GENE TECHNOLOGY ACT 2000 - SECT 163

Compensation for damage

  ( 1)   The owner of a thing is entitled to compensation for damage to the thing if:

  (a)   the damage was caused to the thing as a result of it being operated as mentioned in this Part; and

  (b)   the damage was caused as a result of:

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

  (ii)   insufficient care being exercised by the person operating the thing.

  (2)   Compensation is payable out of money appropriated by the Parliament.

  (3)   In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises 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 thing that was appropriate in the circumstances.


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