Western Australian Consolidated Acts

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GENETICALLY MODIFIED CROPS FREE AREAS ACT 2003 - SECT 9

9 .         Compensation

        (1)         A person who suffers loss or damage as a result of the exercise of the powers in respect of the destruction of a crop under section 8(2) may, within one year of the exercise of those powers, apply to the chief executive officer for compensation for that loss or damage.

        (2)         No compensation is payable unless the chief executive officer is of the opinion that, in the circumstances of the case, it is just to pay compensation.

        (3)         No compensation is payable if the person who suffered the loss or damage is being or has been prosecuted for an offence against section 5(1) unless the person is acquitted of the offence.

        (4)         The amount of compensation payable is to be determined by agreement between the person applying for compensation and the chief executive officer or, in the absence of agreement, by a Local Court on the application of the person applying for compensation or of the chief executive officer.



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