Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p24
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 61133–63848

section 411 of the Act, a sample that may be tested or 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 prescribed organic goods

11‑9  Division of compensation between owners
  For the purposes of paragraph 420(2)(b) of the Act, compensation in respect of prescribed organic goods 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 organic goods at the time the organic goods were damaged or destroyed.

11‑10  Amount of compensation

Damaged prescribed organic goods
 (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 prescribed organic goods 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 organic goods 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) as permitted by subsection 327(2) or 330(2) of the Act.

Destroyed prescribed organic goods
 (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 organic goods that are destroyed under the Act is the amount that the Secretary determines was the market value of the organic goods immediately before they were destroyed.

Part 4—Relevant Commonwealth liabilities

11‑11  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 151(2)(b) (approval of proposed arrangement);
 (b) paragraph 156(2)(b) (renewal of approved arrangement);
 (c)