130Compensation for exercise of enforcement powers

130 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by a medicines and poisons inspector or a person assisting the inspector. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. (5) To remove any doubt, this section does not authorise a court to order the payment of compensation for regulated substances or regulated therapeutic goods seized by a medicines and poisons inspector if the substance or good was recalled under the Therapeutic Goods Act 1989 (Cwlth).

Taking and analysis of samples of substances Part 7.2