New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 55

55 Ancillary orders

(1) In the event that the court makes an order for the return of any item seized under this Part, it must also make one or both of the following orders:

(a) an order directing the respondent to cause the item to be delivered to the applicant or to such other person as appears to the court to be entitled to it,

(b) if the item cannot for any reason be so delivered or has in consequence of the seizure depreciated in value, an order directing the enforcement agency concerned to pay to the applicant such amount by way of compensation as the court considers to be just and reasonable.

(2) Despite subsection (1), the court is not to award an amount of compensation that exceeds its general monetary jurisdiction.

(3) The award of costs with respect to the hearing of the application lies in the discretion of the court.

(4) If the court makes an order for the payment of any amount as compensation or awards any amount as costs, the order is enforceable as a judgment of the court.