Document ID: chunk:federal_register_of_legislation:C2022A00076:clause:7_27:p1
Version: federal_register_of_legislation:C2022A00076
Segment Type: clause
Provision Reference: sch 7 cl 27 (pt 1/2)
Character Range: 79984–82933

27  Subsection 633(1)
Repeal the subsection, substitute:

Director of Biosecurity may approve compensation
 (1) The Director of Biosecurity may approve the payment of a reasonable amount of compensation under this section in respect of goods, conveyances or premises comprising buildings or other structures if:
 (a) in accordance with subsections 634(1A) and (1B), a claim for compensation is made to the Director alleging that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and
 (b) the Director is satisfied that the circumstances of the alleged destruction are circumstances in relation to which it may be appropriate to give such an approval; and
 (c) the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and
 (d) in a case where the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a biosecurity industry participant—the Director is satisfied that the destruction occurred solely:
 (i) as a result of the biosecurity industry participant complying with a direction given to the biosecurity industry participant under this Act by a biosecurity officer, the Director, the Director of Human Biosecurity, the Agriculture Minister or the Health Minister; or
 (ii) as a result of the biosecurity industry participant complying with a condition to which the approved arrangement concerned is subject.
Note 1: The amount of any compensation is the amount prescribed by, or determined in accordance with, the regulations (see subsection 634(5)).
Note 2: Even if the Director of Biosecurity does not approve the payment of a reasonable amount of compensation under this section, the owner of the goods, conveyance or other premises may be entitled to compensation under section 27 (compensation for acquisition of property).
 (1A) In deciding whether to give the approval, the Director of Biosecurity may have regard to the following matters:
 (a) the nature of the destruction;
 (b) the circumstances in which the destruction occurred;
 (c) the condition of the goods, conveyances or premises comprising buildings or other structures before the destruction occurred;
 (d) in the case of the destruction of goods or conveyances—whether the goods or conveyances were subject to biosecurity control at the time the destruction occurred;
 (e) in the case of the destruction of goods or conveyances—whether a biosecurity industry participant was in possession or control of the goods or conveyances at the time the destruction occurred;
 (f) whether the actions or omissions of