Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 136

Destruction of goods

             (1)  If a biosecurity officer considers, on reasonable grounds, that the goods cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the goods to be destroyed.

Note:          If goods are required under this section to be destroyed:

(a)    paragraph 138(1)(a) lets a biosecurity officer direct the person in charge of the goods to destroy them (and failure to comply with the direction may be an offence against section 140); and

(b)    paragraph 138(1)(b) lets a biosecurity officer destroy them; and

(c)    paragraph 138(1)(c) lets a biosecurity officer arrange for someone else to carry out the destruction of the goods.

             (2)  A biosecurity officer must not require high-value goods to be destroyed without the written approval of the Director of Biosecurity.

Note 1:       Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       A decision to give approval for a requirement for high-value goods to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

             (3)  A biosecurity officer must not take action under section 138, in relation to a requirement for high-value goods to be destroyed, until:

                     (a)  after the period in which an application may be made for review (including merits or judicial review) of the decision to require the goods to be destroyed; or

                     (b)  if an application referred to in paragraph (a) is made--after the review or any related proceeding (including any appeal) have been completed.

             (4)  However, subsection (3) does not apply in relation to high-value goods if a biosecurity officer is satisfied that:

                     (a)  there is a high level of biosecurity risk associated with the goods; and

                     (b)  the biosecurity risk cannot be managed for long enough to allow a review of the decision to require the goods to be destroyed, and any related proceeding (including any appeal), to be finally determined.

             (5)  If:

                     (a)  in accordance with subsection (4), a biosecurity officer takes action under section 138, in relation to the requirement for the goods to be destroyed, before the end of the period referred to in paragraph (3)(a); and

                     (b)  no application for review of the decision to require the goods to be destroyed had been made before the action was taken;

an application for review of the decision to require the goods to be destroyed must not be made.

             (6)  If:

                     (a)  an application referred to in paragraph (3)(a) has been made in relation to the decision to require the goods to be destroyed; and

                     (b)  in accordance with subsection (4), a biosecurity officer takes action under section 138, in relation to the requirement for the goods to be destroyed, before the review or any related proceeding (including any appeal) has been finally determined;

the review or related proceeding (including any appeal) is taken to be discontinued when the action is taken.



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