Genetically Modified Organisms Control Act 2004
25ACompensation relating to inspection
Start here
Get a plain-English read of 25A
Turn the raw legal text into a practical explanation grounded in Genetically Modified Organisms Control Act 2004.
25A Compensation relating to inspection
[Section 25A Inserted by No. 44 of 2007, s. 20, Applied:13 Nov 2007]
(1) A permit holder, affected person, exempt person or other person responsible for –
(a) a GMO; or
(b) a thing containing a GMO; or
(c) a thing that the authorised officer reasonably believed may have been or contained a GMO –
that has been destroyed or damaged as the result of an inspection under section 20 is not entitled to any compensation in relation to the destruction or damage if the destruction or damage was a consequence of the permit holder, affected person, exempt person or other person committing an offence under this Act or contravening the conditions to which a relevant permit or relevant exemption is subject.
(2) A permit holder, affected person, exempt person or other person responsible for –
(a) a GMO; or
(b) a thing containing a GMO; or
(c) a thing that the authorised officer reasonably believed may have been or contained a GMO –
that has been destroyed or damaged as the result of an inspection under section 20 is entitled to compensation in relation to the destruction or damage if the destruction or damage occurred for a reason other than that the permit holder, affected person, exempt person or other person committed an offence under this Act or contravened the conditions to which a relevant permit or relevant exemption is subject.
(3) A claim for compensation is to be –
(a) in a form approved by the Secretary; and
(b) accompanied by such evidence as the Secretary requires of the loss or damage suffered as the result of the destruction or damage; and
(c) made within one year after the destruction of, or damage to, the GMO, thing containing a GMO or thing that the authorised officer reasonably believed may have been or contained a GMO.
(4) Subject to subsection (6) , the amount of compensation payable is the amount agreed between the Secretary and the permit holder, affected person, exempt person or other person responsible for the GMO, thing containing a GMO or thing that the authorised officer reasonably believed may have been or contained a GMO.