Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_644
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 644
Character Range: 428104–429443

644  At the end of section 407
Add:

 (2) For the purposes of paragraph (1)(cb), mark includes:
 (a) in the case of a live plant:
 (i) mark or label a cage or container in which the plant is kept or in which the plant is growing; and
 (ii) place a label or tag on the plant; and
 (b) in the case of a live animal:
 (i) implant a scannable device in the animal; and
 (ii) place a band on any part of the animal; and
 (iii) place (whether by piercing or otherwise) a tag or ring on any part of the animal; and
 (iv) mark or label a cage or container within which the animal is kept.

 (3) If:
 (a) damage is caused to a specimen, or a cage or container in which a specimen is kept, as a result of an authorised officer exercising the power to mark under paragraph (1)(cb); and
 (b) the damage was caused as a result of insufficient care being exercised by the authorised officer;
compensation for the damage is payable to the owner of the specimen, or to the owner of the cage or container, as the case requires.

 (4) Compensation is payable out of money appropriated by the Parliament for the purpose.

 (5) In determining the amount of compensation payable, regard is to be had to whether the owner, if the owner was available at the time, had provided any warning or guidance relating to the marking of the specimen, cage or container.