• Specific Year
    Any

FOOD ACT 2008 - SECT 70

FOOD ACT 2008 - SECT 70

70 .         Compensation

        (1)         A person on whom a prohibition order is served who —

            (a)         suffers loss as a result of the making of the order; and

            (b)         considers that there were insufficient grounds for making the order,

                may apply to the CEO or other enforcement agency who made the order for compensation.

        (2)         If there were insufficient grounds for making the prohibition order, the CEO or other enforcement agency must pay the compensation to the applicant that is just and reasonable.

        (3)         The CEO or other enforcement agency must give each applicant for the payment of compensation written notification of —

            (a)         the determination to pay or to refuse to pay compensation under this section; and

            (b)         if compensation is to be paid — the determination as to the amount of compensation that is just and reasonable.

        (4)         If the CEO or other enforcement agency has not determined an application for compensation under this section within 28 days after receiving the application, the CEO or other enforcement agency is taken to have refused to pay any compensation.

        (5)         An applicant for the payment of compensation under this section who is dissatisfied with a determination by the CEO or other enforcement agency 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 —

            (a)         within 28 days after the day on which notification of the determination was received; or

            (b)         in a case to which subsection (4) applies — within 28 days after the expiry of the 28 day period referred to in that subsection.