DANGEROUS GOODS ACT 1985 - SECT 47D Compensation

DANGEROUS GOODS ACT 1985 - SECT 47D

    (1)     This section applies if—

        (a)     any high consequence dangerous goods, explosives or containers have been forfeited to the Authority and either destroyed or disposed of under an order under section 47B; and

S. 47D(1)(b) amended by No. 68/2009 s. 97(Sch. item 44.19).

        (b)     after proceedings for an offence against this Act have been instituted and completed, the accused is not found guilty; and

        (c)     the person from whom they were seized was, at the time they were seized, authorised to possess those goods, explosives or containers by a licence.

    (2)     The owner of the goods, explosives or containers referred in subsection (1) is entitled to recover—

        (a)     the seized goods, explosives or containers or, if they have been destroyed, compensation equal to the market value of the goods, explosives or containers at the time of the seizure; and

        (b)     compensation for any loss suffered by reason of the seizure of the seized goods, explosives or containers.