45Compensation

45 Compensation (1) A person to whom an emergency order applies who suffers loss as a result of the emergency order may apply to the Chief Health Officer for compensation if the person considers that there were insufficient grounds for making the emergency order. (2) If there were insufficient grounds for making the emergency order, the Chief Health Officer must pay the compensation to the applicant that is just and reasonable. (3) If the Chief Health Officer determines the amount of compensation he or she must pay to an applicant, he or she must give written notice of the determination to the applicant. (4) If the Chief Health Officer does not, within 28 days after receiving the application, determine the amount of compensation payable, the Chief Health Officer is taken to have refused to pay compensation to the applicant.

Food Act 2004 27 (5) An applicant who is dissatisfied with the Chief Health Officer's determination of the amount of compensation payable or the Chief Health Officer's refusal to pay compensation, may apply to the Local Court to review the merits of the determination or refusal. (6) The application for review must be made: (a) if the review is of the determination of the amount of compensation payable – within 28 days after the day on which the applicant received notice of the Chief Health Officer's determination; or (b) if the review is of the refusal to pay compensation – within 28 days after the expiry of the 28-day period referred to in subsection (4). (7) In determining the review, the Local Court must, by notice in writing (8) The Local Court must specify the reasons for its determination in