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BIOSECURITY ACT 2015 - SECT 211

Conveyance must not be destroyed during review period

             (1)  This section applies if a biosecurity officer has given a notice in relation to a conveyance in accordance with subsection 210(3).

             (2)  A biosecurity officer must not take action under subsection 213(1), in relation to the requirement to destroy the conveyance, until:

                     (a)  after the period in which an application may be made for review (including merits or judicial review) of:

                              (i)  the decision to require the conveyance to be destroyed; or

                             (ii)  the decision of the Director of Biosecurity to approve the making of the requirement; or

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

Note:          If a conveyance is required under section 210 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.

             (3)  However, subsection (2) does not apply in relation to the conveyance if a biosecurity officer is satisfied that:

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

                     (b)  the biosecurity risk cannot be managed for long enough to allow a review of a decision described in paragraph (2)(a), and any related proceeding (including any appeal), to be finally determined.

             (4)  If:

                     (a)  in accordance with subsection (3), a biosecurity officer takes action under subsection 213(1) in relation to the requirement to destroy the conveyance before the end of the period referred to in paragraph (2)(a); and

                     (b)  no application for review described in paragraph (2)(a) had been made before the action was taken;

an application for review described in paragraph (2)(a) must not be made.

             (5)  If:

                     (a)  an application referred to in paragraph (2)(a) has been made; and

                     (b)  before the review or any related proceeding (including any appeal) has been finally determined, a biosecurity officer takes action in accordance with subsection (3) under subsection 213(1) in relation to the requirement to destroy the conveyance;

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



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