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Biosecurity Act 2014
sec.339What is loss or damage arising out of a biosecurity response
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### sec.339 What is loss or damage arising out of a biosecurity response
In this chapter, a reference to loss or damage arising out of a biosecurity response is a reference to loss or damage only if—
it is lawfully caused under this Act; and
the causing of the loss or damage constitutes all or part of a biosecurity response.
If loss or damage happens in the course of a biosecurity response but is not lawfully caused under this Act, for example because it involves a negligent act, compensation may nevertheless be available under the investigation and enforcement provisions or under the general law.
- (a) it is lawfully caused under this Act; and
- (b) the causing of the loss or damage constitutes all or part of a biosecurity response. Note— If loss or damage happens in the course of a biosecurity response but is not lawfully caused under this Act, for example because it involves a negligent act, compensation may nevertheless be available under the investigation and enforcement provisions or under the general law.