(1) A person who
suffers loss or damage as a result of the exercise of —
(a) the
power of entry conferred on an inspector by section 89(1) or (3); or
(b) the
powers in respect of seizure conferred on an inspector by section 92A or 92B,
may within one year of
the exercise of that power apply to the CEO for compensation for that loss or
damage.
(2) No compensation is
payable pursuant to an application under subsection (1) unless the CEO is of
the opinion that, in the circumstances of the case, it is just to pay
compensation.
(3) The amount of
compensation payable is to be determined by agreement between the person
applying for that compensation and the CEO or, in default of any such
agreement, by the Magistrates Court on the application of the person so
applying or of the CEO.
[Section 92H inserted: No. 14 of 1998 s. 13;
amended: No. 54 of 2003 s. 140(2); No. 59 of 2004 s. 141; No. 40 of 2020
s. 75.]