New South Wales Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 315

Grounds for refusal or reduction of claim

315 Grounds for refusal or reduction of claim

(1) The Secretary may direct that compensation otherwise payable under this Part, or such part of it as the Secretary thinks fit, not be paid if the Secretary is of the opinion that--
(a) the owner of the animal, plant or property that has died or been destroyed has committed an offence in this State, the Commonwealth or any State or Territory of the Commonwealth and the conduct constituting the offence has caused or contributed to--
(i) the spread of the emergency biosecurity matter, or
(ii) the destruction or death of any animal or plant in respect of which a claim for compensation is lodged, or
(iii) the destruction of any property in respect of which a claim for compensation is lodged, or
(b) the owner of the animal, plant or property that has died or been destroyed is indemnified for the loss caused by the death or destruction of the animal, plant or property concerned under a contract of insurance, or
(c) the emergency biosecurity matter was, immediately before the emergency order, being kept at the premises at which the animal, plant or property was located before its death or destruction in contravention of a requirement imposed by or under this Act, or
(d) the owner of the animal, plant or property has made a claim for compensation that is false or misleading in a material particular, or
(e) the animal, plant or property was required to be destroyed under a control order, biosecurity zone regulation, biosecurity direction or other instrument made under this Act (other than an emergency order).
(2) The Secretary may direct that compensation otherwise payable under this Part, or such part of it as the Secretary thinks fit, not be paid in any other circumstances prescribed by the regulations.
(3) The Secretary is to make a direction under this section by order in writing.



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