Food Act 2006
sec.213Compensation
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sec.213 Compensation
If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , other than the exercise or purported exercise of a power under section 196 to destroy a thing seized under part 2 , the person may claim compensation— for the exercise or purported exercise of a power by or for the State—from the State; or for the exercise or purported exercise of a power by or for a local government—from the local government. Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 . Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.213-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , other than the exercise or purported exercise of a power under section 196 to destroy a thing seized under part 2 , the person may claim compensation— for the exercise or purported exercise of a power by or for the State—from the State; or for the exercise or purported exercise of a power by or for a local government—from the local government. (sec.213-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 . (sec.213-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. (sec.213-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
- (a) for the exercise or purported exercise of a power by or for the State—from the State; or
- (b) for the exercise or purported exercise of a power by or for a local government—from the local government.
- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
- (b) for an offence against this Act brought against the person claiming compensation.