100Compensation to be paid in certain circumstances

100 Compensation to be paid in certain circumstances (1) A person may apply to the CHO for compensation for the forfeited thing. (2) The Territory is liable to pay just compensation to the applicant in relation to the thing if: (a) no offence relating to the thing has been committed against this Act; and (b) the thing: (i) cannot be returned; or (ii) has, as a consequence of being seized, depreciated in value; and (c) the CHO is satisfied the applicant would be entitled to the thing if it had not been forfeited. (3) The CHO must: (a) decide the amount of compensation to be paid; and (b) give written notice to the applicant of: (i) the decision; and (ii) the applicant's right to apply to the Local Court for review under subsection (4). (4) The applicant may, if dissatisfied with the CHO's decision, apply to the Local Court to review the merits of the decision. (5) The application for review must be made within 72 hours after notice of the CHO's decision was received by the applicant. (6) In determining the review, the Court must, by written notice to the applicant: (a) confirm the decision reviewed; or (b) vary the decision reviewed; or (c) revoke the decision reviewed; or

Public and Environmental Health Act 2011 56 (d) substitute a decision for that decision. (7) The Court must state the reasons for its determination in the notice.