Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 633

Director of Biosecurity may approve compensation

  (1)   The Director of Biosecurity may approve the payment of a reasonable amount of compensation under this section in respect of goods, conveyances or premises comprising buildings or other structures if:

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

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

  (c)   the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

  (d)   in a case where the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a biosecurity industry participant--the Director is satisfied that the destruction occurred solely:

  (i)   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

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

Note 1:   The amount of any compensation is the amount prescribed by, or determined in accordance with, the regulations (see subsection   634(5)).

Note 2:   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, conveyance or other premises may be entitled to compensation under section   27 (compensation for acquisition of property).

  (1A)   In deciding whether to give the approval, the Director of Biosecurity may have regard to the following matters:

  (a)   the nature of the destruction;

  (b)   the circumstances in which the destruction occurred;

  (c)   the condition of the goods, conveyances or premises comprising buildings or other structures before the destruction occurred;

  (d)   in the case of the destruction of goods or conveyances--whether the goods or conveyances were subject to biosecurity control at the time the destruction occurred;

  (e)   in the case of the destruction of goods or conveyances--whether a biosecurity industry participant was in possession or control of the goods or conveyances at the time the destruction occurred;

  (f)   whether the actions or omissions of any person, including the claimant, caused, or contributed to, the destruction;

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

  (h)   any other matter the Director considers relevant.

Exceptions

  (2)   The Director of Biosecurity must not approve the payment of compensation under this section in respect of goods that were brought or imported into Australian territory in contravention of subsection   185(1), 186(1) or 186A(1).

Note 1:   Subsection   185(1) is contravened if a person brings or imports into Australian territory prohibited goods or suspended goods.

Note 2:   Subsection   186(1) is contravened if a person brings or imports conditionally non - prohibited goods into Australian territory and a condition applying to the goods has not been complied with.

Note 3:   Subsection   186A(1) is contravened if a person brings or imports conditionally non - prohibited goods into Australian territory, a condition applying to the goods has not been complied with and the goods are concealed for the purpose of preventing the goods from being found, or preventing the true nature of the goods from being determined, by a biosecurity official.

  (3)   The Director of Biosecurity must not approve the payment of compensation under this section in respect of:

  (a)   goods that were brought or imported into Australian territory if the goods were subject to biosecurity control at all times between the time they were brought or imported into Australian territory and the time they were destroyed; or

  (b)   an aircraft or vessel that entered Australian territory from outside Australian territory if the aircraft or vessel was subject to biosecurity control because of subsection   191(2) or (4) at all times between the time it entered Australian territory and the time it was destroyed.

  (4)   The regulations may provide either or both of the following:

  (a)   that paragraph   (3)(a) does not apply in relation to:

  (i)   prescribed goods; or

  (ii)   prescribed goods in prescribed circumstances;

  (b)   that paragraph   (3)(b) does not apply in relation to:

  (i)   prescribed aircraft or vessels; or

  (ii)   prescribed aircraft or vessels in prescribed circumstances.