Biosecurity Act 2015

The Director of Biosecurity may approve the payment of a reasonable amount of compensation under this section in respect of goods if:

in accordance with subsections 634(1A) and (1B), a claim for compensation is made to the Director alleging that the goods have been damaged by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

the Director is satisfied that the circumstances of the alleged damage are circumstances in relation to which it may be appropriate to give such an approval; and

the Director is satisfied that the goods have been damaged by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

in a case where the Director is satisfied that the goods have been damaged by a biosecurity industry participant—the Director is satisfied that the damage occurred solely:

as a result of the biosecurity industry participant complying with a direction given to the biosecurity industry participant under this Act by a biosecurity officer, the Director, the Director of Human Biosecurity, the Agriculture Minister or the Health Minister; or

as a result of the biosecurity industry participant complying with a condition to which the approved arrangement concerned is subject.

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

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 may be entitled to compensation under section 27 (compensation for acquisition of property).

In deciding whether to give the approval, the Director of Biosecurity may have regard to the following matters:

the nature and extent of the damage;

the circumstances in which the damage occurred;

the condition of the goods before the damage occurred;

whether the goods were subject to biosecurity control at the time the damage occurred;

whether a biosecurity industry participant was in possession or control of the goods at the time the damage occurred;

whether the actions or omissions of any person, including the claimant, caused, or contributed to, the damage;

any evidence provided by the claimant in relation to a matter covered by paragraph (a), (b), (c), (d), (e) or (f);

any other matter the Director considers relevant.

The Director of Biosecurity must not approve the payment of compensation under this section in respect of goods that are damaged as a result of treatment carried out on the goods under section 133, 134, 335 or 336.