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BIOSECURITY ACT 2015 - SECT 338

Treatment that may damage conveyance

             (1)  This section applies if:

                     (a)  a biosecurity officer requires a conveyance to be treated in a specified manner under subsection 337(1); and

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

Notice must be given that treatment is likely to damage conveyance

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

                     (a)  inform the person in charge or the operator of the conveyance that:

                              (i)  the conveyance is required to be treated in a specified manner; and

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

                     (b)  request the person in charge or the operator to agree to the treatment of the conveyance.

             (3)  However, the conveyance 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 a disease or pest that may be present in or on the conveyance poses a high level of biosecurity risk; and

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

Dealing with conveyance if person in charge or operator does not agree to treatment

             (4)  If:

                     (a)  a notice is given to the person in charge or the operator of the conveyance under subsection (2); and

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

a biosecurity officer may, in writing, request the person in charge or the operator to arrange for the conveyance to be dealt with, or destroyed, in a manner and within the period specified in the request.

             (5)  If:

                     (a)  a request is made under subsection (4) in relation to the conveyance; and

                     (b)  the conveyance is not dealt with, or destroyed, in a manner and within the period specified in the request;

then:

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

                     (d)  a biosecurity officer may:

                              (i)  with the written approval of the Director of Biosecurity, cause the conveyance to be destroyed; or

                             (ii)  cause the conveyance to be otherwise disposed of.

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

                     (a)  the owner 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:          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 this section, 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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