28Compensation relating to destruction of GMO or thing containing GMO

28 Compensation relating to destruction of GMO or thing containing GMO

(1)  [Section 28 Subsection (1) substituted by No. 44 of 2007, s. 24, Applied:13 Nov 2007] A permit holder, affected person, exempt person or other person responsible for –

(a) a GMO; or

(b) a thing containing a GMO –

that has been destroyed under section 27 is not entitled to any compensation in relation to the destruction if the destruction 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)  [Section 28 Subsection (2) substituted by No. 44 of 2007, s. 24, Applied:13 Nov 2007] A permit holder, affected person, exempt person or other person responsible for –

(a) a GMO; or

(b) a thing containing a GMO –

that has been destroyed under section 27 is entitled to compensation in relation to the destruction if the destruction was 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) [Section 28 Subsection (3) amended by No. 44 of 2007, s. 24, Applied:13 Nov 2007] accompanied by such evidence as the Secretary requires of the loss or damage suffered as the result of the destruction; and

(c) [Section 28 Subsection (3) amended by No. 44 of 2007, s. 24, Applied:13 Nov 2007] made within one year after the destruction of the GMO or thing containing a GMO.

(4)  Subject to , 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 or thing containing a GMO.