Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:37:p4
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 37 (pt 4/21)
Character Range: 330298–333216

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 prescribed livestock, prescribed live animals or prescribed animal reproductive material
 (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 prescribed livestock, prescribed live animals or prescribed animal reproductive material that are destroyed under the Act is the amount that the Secretary determines was the market value of the livestock, live animals or animal reproductive material immediately before they were destroyed.

Part 5—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 (a relevant provision):
 (a) paragraph 112(2)(b) (registration of establishment);
 (b) paragraph 117(2)(b) (renewal of registration of establishment);
 (c) paragraph 151(2)(b) (approval of proposed arrangement);
 (d) paragraph 156(2)(b) (renewal of approved arrangement);
 (e) paragraph 161(3)(a) (variation of approved arrangement);
 (f) paragraph 191(2)(b) (grant of export licence);
 (g) paragraph 196(2)(b) (renewal of export licence);
 (h) paragraph 199(3)(a) (variation of export licence).
Note: For relevant Commonwealth liability, see section 12 of the Act.

Payment undertaking may be given
 (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:
 (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and
 (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and
 (c) the Secretary has accepted the payment undertaking, having considered the following matters:
 (i) the financial position of the person who gave the payment undertaking;
 (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;
 (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);
 (iv) any other relevant considerations.
 (3) A payment undertaking may be given by a