Part 12Reimbursement and compensation

Part 12—Reimbursement and compensation Division 1—Reimbursement 214—Eligibility for reimbursements (1) The owner of an animal, plant or other property is eligible for reimbursement under this Division for the death or destruction of the animal, plant or other property if— (a) the animal, plant or property is covered by a biosecurity emergency (response and cost-sharing) agreement, and the agreement provides for reimbursement in respect of that death or destruction; or (b) the animal, plant or property is covered by an approved biosecurity program, and the program provides for reimbursement in respect of that death or destruction; or (c) the animal, plant or property is covered by a Government biosecurity program, and the program provides for reimbursement in respect of that death or destruction; or (d) any other prescribed circumstances. (2) Despite subsection (1), a person is not eligible for reimbursement under this Division— (a) for the death or destruction of any animal, plant or other property arising from, or connected with, a contravention of this Act committed by or on behalf of the person; or (b) for any loss of profit, loss occasioned by breach of contract, loss of production, or any other consequential loss. (3) A person is not eligible for reimbursement under this Division in any circumstances other than those referred to in subsection (1). 215—Claims for reimbursement (1) Subject to subsection (2), a claim for reimbursement under this Division must— (b) lodged with the Chief Executive; and (c) include, or be accompanied by, any information or evidence that the Chief Executive reasonably requires in connection with the application; and (d) be made within 3 months after the death or destruction of the animal, plant or other property (as the case may be), or such longer period as the Chief Executive may, in the Chief Executive's absolute discretion, allow. (2) If an approved biosecurity program specifies a manner in which a claim for reimbursement may be made, a claim for reimbursement in respect of an animal, plant or other property destroyed under the program must be made in the manner specified in that program. (3) The Chief Executive may, by written notice, require a person claiming reimbursement to provide further information, documents or records relevant to the claim. 216—Amount of reimbursement The amount of reimbursement payable under this Division is— (a) in the case of an animal, plant or property covered by a biosecurity emergency (response and cost-sharing) agreement, the amount allowed by, or determined in accordance with, that agreement; (b) in the case of an animal, plant or property covered by an approved biosecurity program, the amount allowed by, or determined in accordance with, that program; (c) in the case of an animal, plant or property covered by a Government biosecurity program, the amount allowed by, or determined in accordance with, that program; (d) in prescribed circumstances that allow for reimbursement under this Division, the amount allowed by, or determined in accordance with, the regulations 217—Determination of value (1) The calculation of the value of any animal, plant or other property that may be the subject of a claim for reimbursement under this Division must be made in accordance with the regulations. (2) A regulation made for the purposes of this Division may apply retrospectively, but only if the Minister has certified in writing that the retrospective regulation does not affect, in a manner prejudicial to any person (other than the Crown), a right to reimbursement under this Division existing before the date of its commencement. (3) The regulations may provide for a calculation based on the market value or the replacement value of any animal, plant or other property. (4) This section (and any regulations made under this section) do not apply to the extent that a biosecurity emergency (response and cost-sharing) agreement, an approved biosecurity program or a Government biosecurity program (as the case may be) provides for the calculation of the value of any animal, plant or other property covered by the relevant agreement or program. 218—Reimbursement may be withheld (1) The Chief Executive may cause to be retained the whole or part of the reimbursement payable under this Division if a doubt or dispute arises as to the eligibility of a person for the reimbursement. (2) The Chief Executive should seek to ensure that any doubt or dispute is resolved within the period prescribed by the regulations. 219—Payment of reimbursement A reimbursement under this Division is payable— (a) in respect of an animal, plant or other property destroyed under an approved biosecurity program— (i) by the entity specified in the program; and (ii) within the period specified in the program in respect of reimbursements; or (b) in any other case— (i) by the Crown; and (ii) within 1 month, unless another period is prescribed, after both the eligibility of the person for reimbursement, and the amount of reimbursement payable, has been determined. 220—Recovery of reimbursement If the Crown has mistakenly paid an amount by way of reimbursement, or partial reimbursement, under this Division to a person who was not eligible for the reimbursement or partial reimbursement, that person is liable to repay that amount to the Chief Executive (on behalf of the Crown) withing 3 months after receiving a written demand for repayment from the Chief Executive, or such other period as may be agreed between the parties. 221—Offence to make false claim A person must not— (a) make a claim for reimbursement under this Division that is false or misleading; or (b) fraudulently do, or omit to do, any act for the purpose of obtaining reimbursement under this Division. Division 2—Compensation 222—Compensation for loss or damage as consequence of a biosecurity order or direction (1) A person who has suffered loss or damage as a direct result of an order or direction under Part 11 may apply to the Minister for compensation under this section. (2) An application for compensation under this section must— (a) be made in the manner and form determined by the Minister; and (b) include, or be accompanied by, any information or evidence that the Minister reasonably requires in connection with the application. (3) The Minister may, by written notice, require a person seeking compensation to provide the Minister with further information, documents or records relevant to the application. (4) The Minister is not required to pay compensation on an application under this section and no action lies against the Minister to compel the Minister to make a payment of compensation.