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BIOSECURITY ACT 2015 - SECT 210

Destruction of conveyance

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

Note 1:       If a conveyance is required under this section to be destroyed:

(a)    paragraphs 213(1)(b) and (c) let a biosecurity officer direct the operator or owner of the conveyance to arrange for it to be destroyed (and failure to comply with the direction may be an offence against section 215 or attract a civil penalty under that section); and

(b)    paragraph 213(1)(d) lets a biosecurity officer destroy the conveyance; and

(c)    paragraph 213(1)(e) lets a biosecurity officer arrange for someone else to carry out the destruction of the conveyance.

Note 2:       The conveyance must not be destroyed until after any review or related proceeding (including any appeal) has been finally determined (see section 211), unless subsection (4) of this section applies or the owner or operator of the conveyance chooses.

Director of Biosecurity must approve destruction

             (2)  A biosecurity officer must not require the conveyance 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 a conveyance to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

Notice must be given that conveyance is required to be destroyed

             (3)  Before a biosecurity officer takes action under paragraph 213(1)(b), (c), (d) or (e) in relation to the requirement to destroy the conveyance, a biosecurity officer must, by notice in writing:

                     (a)  inform the owner or the operator of the conveyance of:

                              (i)  the requirement that the conveyance be destroyed; and

                             (ii)  the reasons why the conveyance is required to be destroyed; and

                     (b)  request the owner or the operator of the conveyance to arrange for the conveyance:

                              (i)  to be removed from Australian territory; or

                             (ii)  to be destroyed in a manner specified in the notice;

                            within the period specified in the notice.

             (4)  However, a notice is not required to be given under subsection (3) if either:

                     (a)  a biosecurity officer:

                              (i)  has not been able, despite making reasonable efforts, to locate the owner or the operator of the conveyance; and

                             (ii)  has certified in writing to that effect; or

                     (b)  a biosecurity officer:

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

                             (ii)  is satisfied that the conveyance needs to be destroyed as soon as practicable to reduce that risk to an acceptable level.

Note:          If a biosecurity officer cannot, despite making reasonable efforts, locate the owner or the operator of a conveyance, the conveyance may be forfeited to the Commonwealth (see section 630).

Dealing with conveyance if conveyance is not removed from Australian territory or destroyed

             (5)  If:

                     (a)  a notice is given to the owner or the operator of the conveyance under subsection (3) and the conveyance is not, within the period specified in the notice:

                              (i)  removed from Australian territory; or

                             (ii)  destroyed in a manner specified in the notice; or

                     (b)  a certificate in relation to the conveyance has been issued under subparagraph (4)(a)(ii); or

                     (c)  paragraph (4)(b) applies;

then:

                     (d)  a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and

                     (e)  a biosecurity officer may, with the written approval of the Director of Biosecurity for the destruction of the conveyance, take action under paragraph 213(1)(d) or (e) to destroy the conveyance or arrange for another person to destroy it.

Note:          Before giving approval under paragraph (5)(e), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

             (6)  A biosecurity enforcement officer must not take possession of a conveyance under subsection (5) unless:

                     (a)  the owner or the operator of the conveyance has consented in writing to the taking of possession; or

                     (b)  the taking of possession is authorised by a conveyance possession warrant.

Note 1:       This subsection does not apply in relation to a conveyance that has been forfeited to the Commonwealth under section 630.

Note 2:       For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.

             (7)  If a conveyance is to be destroyed under subsection 213(1), a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.



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