South Australian Consolidated Acts South Australian Consolidated Acts50—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)).