FOOD ACT 2003 - SECT 51
Compensation to be paid in certain circumstances
FOOD ACT 2003 - SECT 51
Compensation to be paid in certain circumstances
51 Compensation to be paid in certain circumstances
(1) A person may apply for compensation for an item seized under this Part to
the enforcement agency that appointed the authorised officer who seized the
item, but only if the period allowed by section 52 for the making of an
application for an order disallowing the seizure has expired and no
application has been made.
(2) An enforcement agency is, on an application
made in accordance with this section, to pay such compensation as is just and
reasonable in relation to any item seized under this Part by an
authorised officer appointed by it if--
(a) no contravention of this Act or
the regulations has been committed in relation to the item, and
(b) the item
cannot be returned or has in consequence of the seizure depreciated in value.
(3) An enforcement agency required to make a determination under subsection
(2) as to the payment of compensation is to send written notification of its
determination to the person from whom the item was seized and any person
seeking compensation under this section.
(4) If an enforcement agency
determines to pay compensation under this section in relation to an item, the
compensation is to be paid to the person from whom the item was seized, or
such other person as appears to the enforcement agency to be entitled to it.
(5) A person from whom an item was seized under this Part, or any other person
who has sought compensation under this section, who is dissatisfied with a
determination by an enforcement agency under this section as to the payment of
such compensation may apply to the Civil and Administrative Tribunal for an
administrative review under the Administrative Decisions Review Act 1997 of
the determination within 10 days after the date on which notification of the
determination was received.
