Biosecurity Act 2019

The calculation of the market or replacement value of any animal, plant or other property that may be the subject of a claim for reimbursement under this Division is to be calculated as prescribed.

Regulations made for the purposes of this Division may apply retrospectively, but only if the Minister certifies in writing that the retrospective regulation does not affect, in a manner prejudicial to any person (other than the Crown), a right to reimbursement under this Division existing before the date of its commencement.

Despite subsection (1), this section does not prevent an approved biosecurity program, a Government biosecurity program or a biosecurity emergency (response and cost-sharing) agreement from providing for the calculation of the market or replacement value of any animal, plant or other property covered by the relevant program or agreement.

Unless otherwise specified, a means of calculating the market or replacement value of any animal, plant or other property specified in an approved biosecurity program, a Government biosecurity program or a biosecurity emergency (response and cost-sharing) agreement may override any prescribed means of calculation.