115Amount of compensation

#### 115 Amount of compensation (1) For subsection 634(5) of the Act, the amount of compensation payable under section 632 or 633 of the Act in respect of a compensable item is to be determined in accordance with this section. Damaged goods (2) The amount of compensation payable in respect of 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 Director of Biosecurity determines was the market value of the goods immediately before the goods were damaged; (b) the cost to repair the damage. > Note: Compensation is not payable in respect of goods that are damaged as a result of treatment carried out on the goods under section 133, 134, 335 or 336 of the Act (see subsection 632(2) of the Act). Destroyed goods (3) The amount of compensation payable in respect of goods (other than goods referred to in subsection (4) or (5)) that are destroyed under the Act is the amount that the Director of Biosecurity determines was the market value of the goods immediately before they were destroyed. (4) The amount of compensation payable in respect of an animal that: (a) was not subject to biosecurity control at the time it was destroyed; and (b) was destroyed because it was infected, or was suspected of being infected, with a disease or pest; is the amount that the Director of Biosecurity determines would have been the market value of the animal immediately before the animal was destroyed if the animal had not been infected, or suspected of being infected, with the disease or pest. > Note: This subsection applies in relation to an animal that was destroyed under section 342 of the Act. (5) The amount of compensation payable in respect of an animal that was destroyed at a post‑entry quarantine facility, and in relation to which paragraph 633(3)(a) of the Act does not apply because of section 113 of this instrument, is the sum of: (a) the amount that the Director of Biosecurity determines was the market value of the animal, in the country from which it was exported, immediately before it left the country; and (b) any charges for freight, maintenance or other reasonable expenses incurred in respect of the animal after it left the country until the time it was destroyed. Destroyed conveyances or premises comprising buildings or other structures (6) The amount of compensation payable in respect of a conveyance, or premises comprising buildings or other structures, that are destroyed under the Act is the amount that the Director of Biosecurity determines was the market value of the conveyance, or the buildings or other structures, immediately before the conveyance, or the buildings or other structures, were destroyed.