Document ID: chunk:federal_register_of_legislation:C2025C00015:section:633:p2
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 633 (pt 2/2)
Character Range: 1010747–1013222

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.