Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 44

    (1)     This section applies if—

        (a)     a person was bound by an emergency order; and

        (b)     the person suffers loss or damage because of the making of the order; and

        (c)     the person considers that there were insufficient grounds for the making of the order.

    (2)     The person may apply in writing, with reasons for the application, to the Minister for compensation.

    (3)     If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person.

    (4)     However, compensation is not payable to the person—

        (a)     in relation to any loss or damage suffered by the person because of an act or omission of the person; or

        (b)     if the person caused or contributed to the danger to public health because of which the emergency order was made.

    (5)     The Minister must—

        (a)     decide whether to pay any compensation to the person and, if so, the amount of the compensation; and

        (b)     give the person written notice of the Minister's decision.

    (6)     If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation.