Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994 - SECT 29

             (1)  If:

                     (a)  equipment is damaged because of being operated as mentioned in section 27 or 28; and

                     (b)  the damage was caused as a result of:

                              (i)  insufficient care being exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care being exercised by the person operating the equipment;

the APVMA must pay compensation for the damage to the owner of the equipment.

             (2)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.