Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 634

Claims for, and amount of, compensation

Application

             (1)  This section applies in relation to goods, conveyances or other premises ( compensable items ) in respect of which the Director of Biosecurity may approve a payment of compensation under section 632 or 633.

Compensation must be paid to owner

             (2)  Compensation approved under section 632 or 633 in respect of a compensable item must:

                     (a)  if there is only one owner of the compensable item--be paid to the owner; or

                     (b)  if there are 2 or more owners of the compensable item--be divided among those owners as prescribed by the regulations.

Note:          Owner is defined in subsection (6).

Requirements relating to claim for compensation

             (3)  An owner of a compensable item is not entitled to compensation under section 632 or 633 in respect of the item unless a claim for compensation is made by or on behalf of the owner within 12 months after the item was damaged or destroyed (as the case may be).

             (4)  A claim for compensation under subsection (3) must:

                     (a)  if a form is prescribed by the regulations--be in that form; and

                     (b)  be accompanied by the documents (if any) prescribed by the regulations.

Amount of compensation

             (5)  The amount of compensation payable under section 632 or 633 is a reasonable amount prescribed by, or determined in accordance with, the regulations.

Definition of owner

             (6)  In this section:

"owner" , in relation to a compensable item, means a person who had an interest in the item at the time it was damaged or destroyed (as the case may be), but does not include:

                     (a)  a person who had such an interest by reason only that the person was entitled to the benefit of a mortgage or other charge, or a lien, in respect of the item (other than a PPSA security interest); or

                     (b)  a person who held a PPSA security interest in the item;

unless the person was in possession or control of the item at that time.



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