FOOD ACT 2008 - SECT 56
FOOD ACT 2008 - SECT 56
56 . 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 or designated the authorised officer who seized the item, but
only if —
(a) the
period allowed by section 57 for lodging an application for an order
disallowing the seizure has expired and no application has been lodged; or
(b) any
application for such an order lodged within that period has been refused or
has been withdrawn before a decision on the application has been made.
(2) On an application
made in accordance with this section, an enforcement agency must pay the
compensation that is just and reasonable in relation to any item seized under
this Part by an authorised officer appointed or designated by it if —
(a) no
contravention of this Act 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 must give 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 must be paid to the person from whom the item was
seized, or any other person who 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 refusal to pay compensation
or as to the amount of compensation may apply to the State Administrative
Tribunal for a review of the determination within 28 days after the date on
which notification of the determination was received.
[Section 56 amended: No. 19 of 2016 s. 145.]