FOOD ACT 2008 - SECT 60

FOOD ACT 2008 - SECT 60

60 .         Ancillary orders

        (1)         If the court makes an order disallowing the seizure 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 any other person who 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 the amount by way of compensation that the court considers to be just and reasonable.

        (2)         Despite subsection (1), the court is not to award an amount of compensation that exceeds the jurisdictional limit defined in the Magistrates Court (Civil Proceedings) Act 2004 section 4.

        (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 or award is enforceable as a judgment of the court.