AustLII Tasmanian Consolidated Acts

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FOOD ACT 2003 - SECT 68

Compensation

(1)  A person bound by a prohibition order who suffers loss as a result of the issuing of the order may apply to the enforcement agency that issued the order for compensation if the person considers that there were no grounds for the issuing of the order.
(2)  If there were no grounds for the issuing of the order, the enforcement agency that issued the order is to pay such compensation to the applicant as is just and reasonable.
(3)  The enforcement agency is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.
(4)  If the enforcement agency has not determined an application for compensation under this section within 28 days of receiving the application, the 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 under subsection (3) as to the refusal to pay compensation or as to the amount of compensation may apply to the appropriate review body 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 28-day period referred to in that subsection.


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