Recipient may apply for contribution
382 Recipient may apply for contribution
This section applies if the recipient of a biosecurity order has complied with the order and considers another person (the third party), whether or not the State, is wholly or partly responsible for the failure to discharge the general biosecurity obligation the subject of the order.
The recipient may apply to a court for an order (a cost recovery order) that the third party reimburse the recipient for part or all of the costs of complying with the biosecurity order.
The application must—
be sworn; and
state the grounds on which the application is made; and
state the name of the third party; and
state the amount sought from the third party; and
be accompanied by a copy of the biosecurity order.
The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.
Example—The court may require additional information supporting the application be given by statutory declaration.
This Act’s bill:Explanatory memorandumSecond reading speech
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