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BIOSECURITY ACT 2015 - SECT 633

Compensation for destroyed goods, conveyances or other premises

Director of Biosecurity may approve compensation

             (1)  The Director of Biosecurity may, if the Director considers it appropriate to do so, approve the payment of a reasonable amount of compensation under this section in respect of goods, conveyances or premises comprising buildings or other structures that are destroyed under this Act.

Note 1:       Compensation is not payable unless a claim is made by or on behalf of the owner of the goods, conveyance or other premises (see subsection 634(3)).

Note 2:       The amount of compensation is the amount prescribed by, or determined in accordance with, the regulations (see subsection 634(5)).

Note 3:       Even if the Director of Biosecurity does not approve the payment of a reasonable amount of compensation under this section, the owner of the goods, conveyance or other premises may be entitled to compensation under section 27 (compensation for acquisition of property).

Exceptions

             (2)  The Director of Biosecurity must not approve the payment of compensation under this section in respect of goods that were brought or imported into Australian territory in contravention of subsection 185(1) or 186(1).

Note 1:       Subsection 185(1) is contravened if a person brings or imports into Australian territory prohibited goods or suspended goods.

Note 2:       Subsection 186(1) is contravened if a person brings or imports conditionally non-prohibited goods into Australian territory and a condition applying to the goods has not been complied with.

             (3)  The Director of Biosecurity must not approve the payment of compensation under this section in respect of:

                     (a)  goods that were brought or imported into Australian territory if the goods were subject to biosecurity control at all times between the time they were brought or imported into Australian territory and the time they were destroyed; or

                     (b)  an aircraft or vessel that entered Australian territory from outside Australian territory if the aircraft or vessel was subject to biosecurity control because of subsection 191(2) or (4) at all times between the time it entered Australian territory and the time it was destroyed.

             (4)  The regulations may provide either or both of the following:

                     (a)  that paragraph (3)(a) does not apply in relation to:

                              (i)  prescribed goods; or

                             (ii)  prescribed goods in prescribed circumstances;

                     (b)  that paragraph (3)(b) does not apply in relation to:

                              (i)  prescribed aircraft or vessels; or

                             (ii)  prescribed aircraft or vessels in prescribed circumstances.



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