Medicines and Poisons Act 2019
sec.128Compensation for emerging risk declaration or recall order
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sec.128 Compensation for emerging risk declaration or recall order
A person directly affected by an emerging risk declaration or the responsible person for a recall order may apply to the chief executive for compensation. The chief executive must pay just and reasonable compensation to the applicant if— the applicant suffered loss because of the making of the emerging risk declaration or recall order; and there were insufficient grounds for the making of the declaration or order. If the chief executive decides to refuse the application, or to pay an amount of compensation less than the amount sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision. (sec.128-ssec.1) A person directly affected by an emerging risk declaration or the responsible person for a recall order may apply to the chief executive for compensation. (sec.128-ssec.2) The chief executive must pay just and reasonable compensation to the applicant if— the applicant suffered loss because of the making of the emerging risk declaration or recall order; and there were insufficient grounds for the making of the declaration or order. (sec.128-ssec.3) If the chief executive decides to refuse the application, or to pay an amount of compensation less than the amount sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision.
- (a) the applicant suffered loss because of the making of the emerging risk declaration or recall order; and
- (b) there were insufficient grounds for the making of the declaration or order.