Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p16
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 16/25)
Character Range: 203023–205661

analysed under the Act must be held under conditions that are unlikely to affect the result of any testing or analysis of the sample.
 (2) Subsection (1) does not apply in relation to a sample that may be tested or analysed in the performance of functions or duties or the exercise of powers under Chapter 10 of the Act (compliance and enforcement) or the Regulatory Powers Act.

Part 3—Damaged or destroyed plants or plant products

11‑13  Division of compensation between owners
  For the purposes of paragraph 420(2)(b) of the Act, compensation in respect of plants or plant products that are owned by 2 or more owners must be divided among those owners so that each owner is paid an amount of compensation that is equal to the proportion that the Secretary is satisfied represents the owner's interest in the plants or plant products at the time the plants or plant products were damaged or destroyed.

11‑14  Amount of compensation

Damaged plants or plant products
 (1) For the purposes of subsection 420(5) of the Act, the amount of compensation payable under subsection 419(1) of the Act in respect of plants or plant products that are damaged by a person in the course of performing functions or duties, or exercising powers, under the Act is the lesser of the following amounts:
 (a) the amount that the Secretary determines was the market value of the plants or plant products immediately before they were damaged;
 (b) the cost to repair the damage.
Note: Subsection 419(2) of the Act provides that compensation is not payable in respect of goods that are damaged as a result of samples of the goods being taken:
(a) during an audit conducted in relation to the goods under Part 1 of Chapter 9 of the Act; or
(b) during an assessment of the goods carried out under Part 2 of that Chapter; or
(c) as permitted by subsection 327(2) or 330(2) of the Act.

Destroyed plants or plant products
 (2) For the purposes of subsection 420(5) of the Act, the amount of compensation payable under subsection 419(1) of the Act in respect of plants or plant products that are destroyed under the Act is the amount that the Secretary determines was the market value of the plants or plant products immediately before they were destroyed.

Part 4—Relevant Commonwealth liabilities

11‑15  Circumstances in which relevant Commonwealth liability of a person is taken to have been paid

Purpose of this section
 (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of any of the following provisions of the Act