Western Australian Current Acts Western Australian Current Acts (1) If the malicious
or negligent performance by a scientific inspector of a function under this
Act causes an injury to, or the death of, an animal, the owner of the animal
is entitled to compensation.
(2) A claim for
compensation is to be made to the Minister in the prescribed form and manner
within one year of the injury or death.
(3) The Minister must
—
(a) if
satisfied on reasonable grounds that the owner is entitled under subsection
(1) to compensation, accept the claim; or
(b)
otherwise, reject the claim.
(4) If the Minister
accepts a claim the amount of compensation payable to the claimant is —
(a) the
market value of the animal immediately before the injury or death as
determined by the Minister; or
(b) such
lesser amount as the Minister determines to be reasonable in the circumstances
(including the extent, if any, to which the owner or another person
contributed to the injury or death).
(5) Compensation
payable under this section is to be paid out of the Consolidated Account and
that Account is appropriated accordingly by this section.
(6) If a person is
entitled to compensation under this section no amount is payable (other than
under this section) to any person as compensation for the value of the animal.
(7) In this section
—
caused , in relation to an injury to, or the death
of, an animal, means —
(a)
significantly contributed to the injury to, or the death of, the animal; or
(b) in
the case of an animal that was destroyed — significantly contributed to,
or significantly exacerbated, the condition of the animal which necessitated
its destruction.
[Section 93 amended: No. 77 of 2006 s. 4 and
5(1).]