Export Control (Plants and Plant Products) Rules 2021
11‑14 Amount of compensation11‑14 Amount of compensation
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11‑14 Amount of compensation
Damaged plants or plant products (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 plants or plant products 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 plants or plant products 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) during an assessment of the goods carried out under Part 2 of that Chapter; or
(c) as permitted by subsection 327(2) or 330(2) of the Act.
Destroyed plants or plant products (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 plants or plant products that are destroyed under the Act is the amount that the Secretary determines was the market value of the plants or plant products immediately before they were destroyed.