Biosecurity Act 2023

The director‑general may direct, in writing, that all or part of any compensation payable under this part, not be paid if the director‑general is satisfied that—

the owner of the animal, plant or property has committed an offence in the ACT or elsewhere in Australia and the conduct constituting the offence has caused or contributed to—

the spread of the emergency biosecurity matter; or

the destruction or death of an animal, plant or property for which the claim for compensation is made; or

the owner of the animal, plant or property is indemnified for the loss caused by the death or destruction under a contract of insurance; or

the emergency biosecurity matter was, immediately before the emergency declaration, kept at premises where the animal, plant or property was located before its death or destruction in contravention of a requirement imposed under this Act; or

the owner of the animal, plant or property has made a claim for compensation that is false or misleading in a material particular; or

the animal, plant or property was required to be destroyed under a control declaration, biosecurity direction or other instrument made under this Act (other than an emergency declaration).

The director‑general may direct that compensation otherwise payable under this part, not be paid in any other circumstances prescribed by regulation.

An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).