13. Compensation

    Where any agricultural produce, animal, plant, food or other substance that is the subject of a notice under section 8 is destroyed or otherwise disposed of in a manner required or permitted by this Act and it appears to the Minister that

    (a) a person (in this section referred to as }the affected person~) has suffered financial detriment by reason of the notice;

    (b) the affected person was not responsible for, and took such measures, if any, as he could reasonably be expected to have taken to avoid, the circumstances by reason of which the notice was given; and

    (c) there is no reasonable prospect of the affected person recovering in civil proceedings against any other person an amount, or any further amount, in respect of the financial detriment suffered,

    the Minister may direct that an ex gratia payment be made and charged to the Consolidated Fund to the affected person of such amount of money by way of compensation as the Minister thinks fit.

    [Section 13 amended by No. 6 of 1993 s. 11; No. 49 of 1996 s. 64.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.