Medicines and Poisons Act 2019
sec.184Compensation for exercise of powers generally
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sec.184 Compensation for exercise of powers generally
A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under part 4 , division 3 or 5 . The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. The court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case. Section 182 does not provide for a statutory right of compensation other than as provided by this section. In this section— loss includes costs and damage. (sec.184-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under part 4 , division 3 or 5 . (sec.184-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation. (sec.184-ssec.3) The court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.184-ssec.4) Section 182 does not provide for a statutory right of compensation other than as provided by this section. (sec.184-ssec.5) In this section— loss includes costs and damage.
- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.