46Compensation for seizure, &c., of primary produce

46 Compensation for seizure, &c., of primary produce

(1)  The owner of primary produce that has been seized or made the subject of a seizure order under section 36(1)(i) may apply to the Chief Inspector for the payment of compensation if the owner considers that there were no reasonable grounds for the seizure or making of the seizure order.

(2)  An application under subsection (1) must be in writing and made within 14 days of the seizure of the relevant primary produce or issuing of the seizure order.

(3)  After considering an application for compensation under subsection (1) , the Chief Inspector may decide that –

(a) such compensation as the Chief Inspector considers just and reasonable be paid to the applicant; or

(b) no compensation be paid to the applicant.

(4)  The Chief Inspector must determine an application under subsection (1) within 28 days of receiving the application and must, within that time, serve written notice of the decision on the applicant.

(5)  If the Chief Inspector fails to determine an application under subsection (1) within 28 days of receiving the application, the Chief Inspector is taken to have –

(a) decided to refuse to pay any compensation; and

(b) served the applicant with a written notice of that decision on the day on which the 28 day period expired.

(6)  A person aggrieved by a decision of the Chief Inspector relating to an application under subsection (1) may, within 28 days after being served with a written notice of the decision apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.