Document ID: chunk:federal_register_of_legislation:C2025C00015:section:634:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 634 (pt 1/2)
Character Range: 1013224–1015845

634  Claims for, and amount of, compensation

Application
 (1) This section applies in relation to goods, conveyances or other premises (compensable items) in respect of which the Director of Biosecurity may approve a payment of compensation under section 632 or 633.

Claims for compensation
 (1A) Any claim for compensation must be made by or on behalf of an owner of the compensable item before the end of:
 (a) the period of 12 months beginning on the day on which the damage or destruction occurred, unless paragraph (b) applies; or
 (b) if, when the damage or destruction occurred, the owner did not know that the damage or destruction had occurred—the period of 12 months beginning on:
 (i) the day on which the owner became aware of the damage or destruction, unless subparagraph (ii) applies; or
 (ii) if the day on which the owner would have become aware of the damage or destruction if the owner had exercised due diligence is earlier than the day referred to in subparagraph (i)—that earlier day.
 (1B) A claim for compensation under subsection (1A) must:
 (a) if a form is approved in an instrument under subsection (1C)—be in that form; and
 (b) be accompanied by the documents (if any) prescribed by the regulations; and
 (c) specify the compensable item; and
 (d) specify the day on which the owner became aware of the damage or destruction; and
 (e) specify the circumstances of the damage or destruction.
 (1C) The Director of Biosecurity may, by notifiable instrument, approve a form for the purposes of paragraph (1B)(a).

Compensation must be paid to owner
 (2) Compensation approved under section 632 or 633 in respect of a compensable item must:
 (a) if there is only one owner of the compensable item—be paid to the owner; or
 (b) if there are 2 or more owners of the compensable item—be divided among those owners as prescribed by the regulations.
Note: Owner is defined in subsection (6).

Amount of compensation
 (5) The amount of compensation payable under section 632 or 633 is a reasonable amount prescribed by, or determined in accordance with, the regulations.

Definition of owner
 (6) In this section:
owner, in relation to a compensable item, means a person who had an interest in the item at the time it was damaged or destroyed (as the case may be), but does not include:
 (a) a person who had such an interest by reason only that the person was entitled to the benefit of a mortgage or other charge, or a lien, in respect of the item (other than a PPSA security interest); or
 (b) a person who held a PPSA security interest in the item;
unless the person was in possession or control