Section 122Q Customs Act 1901 | Damaging Occupier’s Property


The Legislation

Section 122Q of the Customs Act 1901 (Cth) deals with Damaging Occupier’s Property and is extracted below.

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122Q Compensation

(1) If a person’s property is damaged as a result of an exercise of a power under this Division, the person is entitled to compensation of a reasonable amount payable by Customs for the damage.

(2) Customs must pay the person such reasonable compensation as Customs and the person agree on. If they fail to agree, the person may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

(3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees or agents of the occupier, if they were available at the time, had provided any warning or guidance that was appropriate in the circumstances.