Northern Territory Consolidated Acts

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FOOD ACT 2004 - SECT 64

Compensation to be paid in certain circumstances

    (1)     A person may apply to an enforcement agency for compensation for a substance or thing seized by an authorised officer acting for and on behalf of the enforcement agency.

    (2)     If:

        (a)     no offence relating to the substance or thing has been committed against this Act or the Regulations; and

        (b)     the substance or thing cannot be returned or, as a consequence of being seized, has depreciated in value,

the enforcement agency must pay the compensation to the applicant that is just and reasonable in relation to the substance or thing.

    (3)     The enforcement agency must determine the amount of compensation to be paid by it for the substance or thing and give written notice of its determination to the applicant and, if not the same person, the person from whom the substance or thing was seized or who is otherwise entitled to the substance or thing.

    (4)     The applicant or, if not the same person, the person from whom a substance or thing was seized or who is otherwise entitled to receive compensation for the substance or thing may, if dissatisfied with the enforcement agency's determination of the amount of compensation payable, apply to the Local Court to review the merits of the determination.

    (5)     The application for review must be made within 72 hours after notice of the enforcement agency's determination under subsection (3) was received by the person making the application.

    (6)     In determining the review, the Local Court must, by notice in writing to the person who requested the review:

        (a)     affirm the decision reviewed;

        (b)     vary the decision reviewed;

        (c)     revoke the decision reviewed; or

        (d)     substitute a decision for that decision.

    (7)     The Local Court must specify the reasons for its determination in the notice.



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