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s 35

Review of order

In force
Part 3Emergency powers

35 Review of order

(1)

A person bound by an order under this Part who suffers loss as a result of the making of the order may apply to the relevant authority for compensation if the person considers that there were insufficient grounds for the making of the order.

(2)

If there were insufficient grounds for the making of the order, the relevant authority is to pay such compensation to the applicant as is just and reasonable.

(3)

The relevant authority is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.

(4)

If the relevant authority has not determined an application for compensation under this section within 28 days of receiving the application, the relevant authority is taken to have refused to pay compensation.

(5)

An applicant for the payment of compensation under this section who is dissatisfied with a determination by the relevant authority as to the refusal to pay compensation or as to the amount of compensation may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal

Act 2013 for a review of the determination—

(a)

within 28 days after the day on which notification of the determination was received; or

(b)

in a case to which subsection (4) applies, within 28 days of the 28-day period referred to in that subsection.

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