Queensland Consolidated Acts

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LIENS ON CROPS OF SUGAR CANE ACT 1931 - SECT 7Q

7Q Compensation for loss

(1) A person who suffers loss for a reason stated in section 7P may apply to the accountable officer for payment of compensation to the person.

(2) The accountable officer may make a payment to the applicant under the Financial Accountability Act 2009, section 72.

(3) The accountable officer must not make a payment in relation to a loss for a reason mentioned in section 7P(e) if the applicant, at the time of suffering the loss--

(a) had actual notice of the lien; or
(b) had been put on inquiry as to the existence of the lien and had abstained from inquiry or further inquiry when the person might reasonably have expected the inquiry or further inquiry to reveal the lien.

(4) Compensation paid under section 7P(a), (b), (c) or (d) must not be more than, after discounting for any GST payable on any supply relating to the payment of the compensation, the lesser of the following, worked out as at the time the loss was suffered--

(a) the amount of the debt or other pecuniary obligation or the value of any other obligation secured by the lien;
(b) the value of the crop in which was held the lien in relation to which compensation was applied for.

(5) Compensation paid under section 7P(e) must not be more than, after discounting for any GST payable on any supply relating to the payment of the compensation, the actual loss attributable to reliance by the person on the incorrect information, worked out as at the time the loss was suffered.

(6) The accountable officer must give to the person written notice of the decision on the application and the reasons for the decision.

(7) In this section--

accountable officer means the accountable officer of the department under the Financial Accountability Act 2009.



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