Commonwealth Numbered Acts

IMPORTED FOOD CONTROL ACT 1992 No. 221 of 1992 - SECT 39

39.(1) If food is destroyed in accordance with section 20, the Secretary may
approve the payment of compensation in respect of the food if:

   (a)  a claim for compensation is made by or on behalf of the owner in an
        approved form accompanied by such documents as are required by the
        form to accompany the claim; and

   (b)  the Secretary is satisfied, on reasonable grounds, that the food was
        destroyed as a result of a mistake of fact or of law.

(2) Compensation approved under this section must:

   (a)  if there is only one owner of the food at the time of its
        destruction-be paid to that owner; or

   (b)  if there are two or more owners of the food at that time-be divided
        among those owners in accordance with their interests.

(3) The compensation payable under this section in respect of food is the
amount agreed between the Secretary and the owner or owners of the food as
being the market value of the food immediately before its destruction.

(4) If the Secretary and the owner or owners of the food at the time of its
destruction do not agree on the market value of the food at that time, the
market value must be determined by a person agreed on by the Secretary and the
owner or owners.

(5) If the Secretary approved the payment of compensation under this section
in respect of food, the compensation payable in respect of that food is
payable by the Commonwealth to the owner or owners and may be recovered by
action against the Commonwealth in a court of competent jurisdiction.

(6) In this section:

"owner", in relation to food that is permitted to be treated or required to be
destroyed or re-exported, means a person having a beneficial interest in the
food other than a person who has such an interest only because he or she has
been given a mortgage or charge, or has a lien over the goods.