Western Australian Consolidated Acts Western Australian Consolidated Acts Where any agricultural
produce, animal, plant, food or other substance that is the subject of a
notice under section 8 is destroyed or otherwise disposed of in a manner
required or permitted by this Act and it appears to the Minister
that —
(a) a
person (in this section referred to as the affected person ) has suffered
financial detriment by reason of the notice;
(b) the
affected person was not responsible for, and took such measures, if any, as he
could reasonably be expected to have taken to avoid, the circumstances by
reason of which the notice was given; and
(c)
there is no reasonable prospect of the affected person recovering in civil
proceedings against any other person an amount, or any further amount, in
respect of the financial detriment suffered,
the Minister may
direct that an ex gratia payment be made and charged to the Consolidated
Account to the affected person of such amount of money by way of compensation
as the Minister thinks fit.
[Section 13 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]