10. Security to be lodged by owner of aircraft against damage
(1) The owner of any aircraft that has been modified to carry out aerial spraying shall ¾
(a) lodge with the Director; or
(b) satisfy the Director that there is lodged in another State or Territory of the Commonwealth with a person acceptable to the Director,
security in the form of a contract of insurance which indemnifies the owner to the extent ¾
(i) approved by the Director if the contract of insurance is lodged under paragraph (a); or
(ii) approved by a person acceptable to the Director under paragraph (b) if it is lodged as referred to in that paragraph,
against liability up to an amount of not less than $30 000 in respect of each and every claim under that contract, in respect of loss of or damage to the property, including livestock, of any other person caused by any agricultural chemical released from the aircraft in respect of which the contract of insurance exists, whether in the course of the aerial spraying or by spray drift.
(2) The contract of insurance ¾
(a) shall cover aerial spraying in all parts of the State but may extend to provide cover elsewhere; and
(b) shall be issued by an approved company.
(3) In subsection (2) }approved company~ means a company approved by the Director if the contract of insurance is lodged under paragraph (a) of subsection (1), or if it is lodged as referred to in paragraph (b) of that subsection, by a person acceptable to the Director under that paragraph, and includes a company so approved that is acting for or on behalf of a pool of companies, notwithstanding that all or any of the companies in that pool are not so approved.
(4) The contract of insurance may contain such conditions, warranties and exclusions as are approved by the Director or by a person acceptable to the Director under subsection (1)(b), as the case requires.
(5) The Director shall, by notice under his hand, grant an exemption from the requirements of subsection (1), either generally, or in relation to a specified aircraft, or in particular circumstances therein specified, to any person who satisfies him that the aircraft to which the exemption relates is not to be used for aerial spraying, and where any such aircraft is so used that exemption shall be deemed not to have been granted.
(6) In any proceedings, the onus of proving that the requirements of subsection (1) have been complied with, or do not apply, shall lie on the person who alleges that to be the case.
(7) A person who fails to comply with the requirements of this section is guilty of an offence.
Penalty: $2 000.
[Section 10 inserted by No. 45 of 1970 s. 3; amended by No. 57 of 1973 s. 2; No. 16 of 1978 s. 5; No. 90 of 1982 s. 3; No. 20 of 1989 s. 3.]