Part 5Exotic Diseases Eradication Fund

Part 5—Exotic Diseases Eradication Fund 47—Establishment of Fund (1) The Exotic Diseases Eradication Fund is established. (2) The Fund must be kept as directed by the Treasurer. (3) The Fund is to consist of the following money: (a) money in The Foot and Mouth Disease Eradication Fund at the commencement of this section; (b) money received under an intergovernmental, or intergovernmental and livestock industry, agreement for sharing the costs of control or eradication of exotic disease; (c) money advanced to the Fund by the Treasurer from the Consolidated Account (which is appropriated to the necessary extent); (d) income from investment of money belonging to the Fund. (4) Money constituting or forming part of the Fund may be invested as directed by the Treasurer. 48—Application of Fund The Fund may be applied in payment of— (a) expenses directly connected with the control or eradication of exotic disease (excluding, subject to the terms of an intergovernmental, or intergovernmental and livestock industry, agreement for sharing the costs of control or eradication of exotic disease, the salaries or wages of persons employed in the public sector who are or would be employed irrespective of the outbreak or suspected outbreak of exotic disease); (b) compensation under this Part; (c) expenses incurred in assessing compensation payable under this Part; (d) contributions under an intergovernmental, or intergovernmental and livestock industry, agreement for sharing the costs of control or eradication of exotic disease. 49—Claims for compensation from Fund (1) The following persons may claim compensation under this Part: (a) an owner of livestock certified by an inspector— (i) as having died of a declared exotic disease; and (ii) as being livestock that would have, had they not died, been destroyed for the purposes of controlling or eradicating a declared exotic disease during a declared period; or (b) an owner of livestock or other property destroyed in accordance with a notice or order issued under Part 4 Division 4, or by action taken or caused to be taken by an inspector under Part 4 Division 4, for the purposes of controlling or eradicating a declared exotic disease during a declared period; or (c) the owner of livestock certified by an inspector as having been destroyed during a declared period on animal welfare grounds as a result of a prohibition against movement of the livestock in force for the purposes of controlling or eradicating a declared exotic disease. (2) Subject to this section, the amount of compensation that may be claimed is— (a) in the case of livestock that were, immediately before their death or destruction during a declared period, pastured or kept on the same holding— (i) the total value of the livestock immediately before the earliest of— (A) the date on which the existence or suspected existence of the exotic disease in livestock pastured or kept on the holding was first reported to an inspector or veterinary surgeon; or (B) the date on which an inspector first suspected or found livestock pastured or kept on the holding to be affected with the exotic disease; or (C) the date on which restrictions prohibiting livestock being moved from or to the holding were imposed under Part 4 Division 4 for the purposes of controlling or eradicating the exotic disease; or (ii) the total value of the livestock on the date at which the holding ceased to be subject to restrictions prohibiting restocking imposed under Part 4 Division 4 for the purposes of controlling or eradicating the exotic disease; (b) in the case of other livestock—to be determined in a manner approved by the Minister; (c) in the case of other property—the value of the property immediately before destruction. (3) Livestock or other property is to be valued— (a) as if it had not been affected by the exotic disease; and (b) in the case of livestock or livestock products—having regard to the value of comparable livestock or products at the nearest most recent markets selling livestock or products of that kind, whether those markets are in the State or in any other State or Territory of the Commonwealth; and (c) using a method of valuation determined by the Minister. (4) Compensation may not include any amount for loss of profit or production, loss arising from breach of contract or other consequential loss. (4a) The amount of compensation is to be reduced by the amount of the net proceeds of any sale of livestock carcasses or other property. (5) No further compensation is payable by the Crown for any livestock or other property for which compensation has been paid under this Part and no proceedings lie against the Crown for compensation in respect of the death or destruction of livestock or other property in connection with exotic disease other than under this Part. (6) In this section— declared exotic disease means an exotic disease declared by the Minister by notice in the Gazette to be a declared exotic disease for the purposes of this Part; declared period means a period declared by the Minister by notice in the Gazette to be a declared period in relation to a declared exotic disease for the purposes of this Part, being a period that— (a) commences on a day specified in the notice; and (b) ends on a day specified in that notice or a subsequent notice in the Gazette; owner of livestock or other property means a person who has (whether alone or jointly or severally with others) title or an interest or right to or in the livestock or other property, but does not include a mortgagee not in possession. 50—Procedure for making claim and determination of claim (1) A claim for compensation must be made to the Chief Inspector within— (a) in the case of a claim relating to livestock that were, immediately before their death or destruction during a declared period, pastured or kept on the same holding—90 days after the last of those livestock died or were destroyed; (b) in any other case—90 days after the death or destruction of the livestock or other property the subject of the claim. (2) Only one claim may be made in relation to all livestock in the same ownership that were, immediately before their death or destruction during a declared period, pastured or kept on the same holding. (3) Despite any other provisions of this Part, if such a claim has been determined before the date on which the holding ceased to be subject to restrictions prohibiting restocking imposed under Part 4 Division 4 for the purposes of controlling or eradicating the exotic disease, the claimant may, within 30 days after that date, make a claim for further compensation based on the total value of the livestock at the date on which the holding ceased to be subject to the restrictions. (4) The Chief Inspector may, if satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that a claim be made within the period fixed by this section. (5) A claim for compensation must be made in the form and contain or be accompanied by the information required by the Chief Inspector. (6) The Chief Inspector may, with the approval of the Minister, determine that no compensation, or a reduced amount of compensation, is payable to a claimant if the claimant (or in the case of a body corporate claimant, a director of the body corporate) has been convicted of an offence (whether against this Act or the law of another jurisdiction) relating to the outbreak or suspected outbreak of the exotic disease in relation to which the claim for compensation has been made. (7) The Chief Inspector may, with the approval of the Minister, delay determining a claim for compensation pending the investigation or prosecution of any suspected or alleged offence of a kind referred to in subsection (6). (8) The Chief Inspector must, by written notice, inform the claimant of the Chief Inspector's determination of the claim (separately specifying the amount of compensation payable for particular livestock or property and the amount of any reduction under subsection (6)). 51—Review of Chief Inspector's determination of claim (1) A person who has made a claim for compensation may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Chief Inspector's determination of the amount of compensation payable for particular livestock or property. (2) An application cannot be made under subsection (1) in relation to a determination that no compensation or a reduced amount of compensation is payable as a result of a conviction for an offence. (3) An application for review must be made within 21 days of receipt of the notice of the Chief Inspector's determination. (4) For the purposes of proceedings under this section, the following panels of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013: (a) a panel consisting of persons who have experience or qualifications in valuing livestock or property that may be subject to the operation of this Act; (b) a panel consisting of persons who have experience or qualifications relevant to managing or dealing with the outbreak or suspected outbreak of exotic diseases in 1 or more sectors of the livestock industry. (5) In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with assessors selected by the Minister.