# Compensation for damage to electronic equipment

> act-s487T — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

487T Compensation for damage to electronic equipment
          (1) This section applies if:
               (a) as a result of electronic equipment being operated as
                    mentioned in this Division:
                      (i) damage is caused to the equipment; or
                     (ii) the data recorded on the equipment is damaged; 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.
          (2) 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.









          (3) However, if the owner or user and the Commonwealth fail to
              agree, the owner or user may institute proceedings in a court of
              competent jurisdiction for such reasonable amount of
              compensation as the court determines.
          (4) In determining the amount of compensation payable, regard is to
              be had to whether the occupier of the premises, or the occupier’s
              employees or agents, if they were available at the time, provided
              any appropriate warning or guidance on the operation of the
              equipment.
          (5) In this section:
               damage, in relation to data, includes damage by erasure of data or
               addition of other data.

Subdivision D—Occupier’s rights and responsibilities