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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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