Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 134

  (1)   This section applies if:

  (a)   a biosecurity officer requires goods to be treated in a specified manner under section   133; and

  (b)   a biosecurity officer suspects, on reasonable grounds, that treatment of the goods in that manner is likely to damage the goods.

Notice must be given that treatment is likely to damage goods

  (2)   Before any treatment is carried out on the goods, a biosecurity officer must, by notice in writing or orally:

  (a)   inform a person in charge of the goods that:

  (i)   the goods are required to be treated in a specified manner; and

  (ii)   the treatment is likely to damage the goods; and

  (b)   request the person to agree to the treatment of the goods.

Note:   The meaning of person in charge of goods in this subsection is affected by subsection   (7).

  (3)   However, the goods may be treated in the specified manner without notice having been given under subsection   (2) if:

  (a)   a biosecurity officer suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the goods; and

  (b)   the biosecurity officer is satisfied that the goods need to be treated as soon as practicable to reduce that risk to an acceptable level.

Dealing with goods if person in charge does not agree to treatment

  (4)   If:

  (a)   a notice in writing is given to a person in charge of the goods under subsection   (2); and

  (b)   a person in charge of the goods does not, within 30 days after receiving the notice, notify a biosecurity officer in writing that the person agrees to the treatment of the goods as specified in the notice;

a biosecurity officer may, in writing, request a person in charge of the goods to arrange for the goods:

  (c)   to be dealt with, or destroyed, in a manner specified in the request; or

  (d)   to be exported from Australian territory;

within the period specified in the request.

Note:   The meaning of person in charge of goods in paragraphs   (4)(a) and (b) is affected by subsection   (7).

  (5)   If:

  (a)   notice is given orally to a person in charge of the goods under subsection   (2); and

  (b)   a person in charge of the goods informs a biosecurity officer that the person does not agree to the treatment of the goods in the specified manner;

a biosecurity officer may, in writing or orally, request a person in charge of the goods to arrange for the goods:

  (c)   to be dealt with, or destroyed, in a manner specified in the request; or

  (d)   to be exported from Australian territory;

within the period specified in the request.

Note:   The meaning of person in charge of goods in paragraphs   (5)(a) and (b) is affected by subsection   (7).

  (6)   If:

  (a)   a request is made under subsection   (4) or (5) in relation to the goods; and

  (b)   the goods are not, within the period specified in the request:

  (i)   dealt with, or destroyed, in a manner specified in the request; or

  (ii)   exported from Australian territory;

a biosecurity officer may take possession of the goods and cause them to be exported from Australian territory, destroyed or otherwise disposed of.

Modified meaning of person in charge of goods

  (7)   In subsection   (2) and paragraphs   (4)(a) and (b) and (5)(a) and (b), person in charge of goods does not include a biosecurity industry participant who is in possession or control of the goods only because of a direction given to the biosecurity industry participant by a biosecurity officer.