Biosecurity and Agriculture Management Act 2007

A prescribed account may be applied for —

any of the following purposes, if that purpose is set out in the regulations establishing the account —

the payment of compensation to any person who has suffered loss, or incurred costs or expenses, of a prescribed kind as a result of an animal, agricultural product or other thing being infected or infested with a declared pest specified by the regulations establishing the account or as a result of actions or measures taken under this Act to control that declared pest;

the costs and expenses of destroying animals, agricultural products or things under this Act because they are infected or infested with a declared pest prescribed by the regulations establishing the account or as a result of other actions or measures taken under this Act to control that declared pest;

the costs of programs and other measures approved by the management committee for the control of, or for the advancement and improvement of control measures for, a declared pest prescribed by the regulations establishing the account;

the purchase of capital assets required in connection with the purposes mentioned in this paragraph;

the refund of contributions in prescribed circumstances; and

the payment of any amount required to be paid under section 146(3) and interest on that amount; and

the repayment of an amount charged to the Consolidated Account and used for a purpose prescribed by the regulations establishing the account; and

the costs and expenses of administering the account.

Compensation and costs and expenses must not be paid under subsection (1)(a)(i) or (ii) except to a person who has paid contributions under the scheme in accordance with the regulations.

The amounts of compensation and costs and expenses referred to in subsection (1)(a)(i) and (ii) must be determined in accordance with the regulations.

The amount of costs and expenses payable under subsection (1)(a)(iii) and (e) must be approved by the management committee.

The amount referred to in subsection (1)(d) may be applied as set out in that paragraph even though the amount was charged to the Consolidated Account before the regulations establishing the account were made.

The regulations may exclude a person from receiving compensation and costs and expenses from the prescribed account in any of the following circumstances —

if the person is, according to the regulations, in default;

if the person has been convicted of an offence of failing to comply with a requirement under a written law to report the presence or suspected presence of a prescribed declared pest or to control a prescribed declared pest;

if a like benefit is payable under another prescribed written law;

in other prescribed circumstances.