64Reduction in compensation payable under section 63

64 Reduction in compensation payable under section 63

(1) The Minister may decide that the whole of the compensation otherwise payable under section 63 be reduced or not be paid, in respect of a claim lodged by the owner of any livestock, premises, livestock product, fodder, fittings or vehicle that has been destroyed, or any livestock that have died, as a result of an outbreak of an exotic disease.

(2) In making a decision under subsection (1), the Minister must take into account the following factors—

(a) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has contravened this Act or any regulations made under this Act or any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act, which has caused or contributed to—

(i) the spread of the exotic disease; or

(ii) the destruction or death of any domestic livestock in respect of which the claim is lodged; or

(iii) the destruction of any premises, livestock product, fodder, fittings or vehicle in respect of which the claim is lodged;

(b) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has intentionally, recklessly or negligently caused or contributed to any of the matters referred to in paragraph (a)(i) to (iii);

(c) whether the owner is indemnified under a contract of insurance for the losses referred to in the claim for compensation under this Division;

(d) whether the affected livestock, livestock product, fodder, fittings or vehicle or any livestock infected with the exotic disease were kept at a premises before their death or destruction in contravention of this Act or any regulations made under this Act;

(e) whether any of the losses in the claim for compensation are false or misleading;

(f) any prescribed factors.

(3) If the Minister makes a decision under subsection (1) that the whole of the compensation otherwise payable under section 63 be reduced or not be paid to an owner in respect of a claim, the Minister must serve a written notice of that decision on the owner that includes—

(a) that the whole of the compensation payable under section 63 in respect of the claim will be reduced or not be paid (as the case requires) and the amount (if any) of the compensation that will be paid; and

(b) the reasons for the decision to reduce the whole of the compensation or to not pay it; and

(c) that the owner has a right to apply under section 65 to VCAT for a review of the decision.

S. 64A inserted by No. 1/2024 s. 9.