Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 341

Dealing with premises (other than a conveyance) if owner does not agree to treatment etc.

Owner does not agree to treatment

             (1)  If:

                     (a)  a notice is given to the owner of premises (other than a conveyance) under subsection 340(2); and

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

a biosecurity officer may, in writing, request the owner to arrange for the premises to be dealt with, or destroyed, in a manner and within the period specified in the request.

             (2)  A request under subsection (1) to arrange for premises to be destroyed may relate only to a structure or building or a part of a structure or building.

             (3)  If:

                     (a)  a request is made under subsection (1) in relation to premises; and

                     (b)  the premises are 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 (5), take possession of the premises; and

                     (d)  a biosecurity officer may cause the premises:

                              (i)  to be treated in a manner specified in the request; and

                             (ii)  if necessary and with the written approval of the Director of Biosecurity, to be destroyed.

Owner cannot be located or there is high level of biosecurity risk

             (4)  If a notice in accordance with subsection 340(6) has been affixed to, or as near as reasonably practicable to, premises:

                     (a)  a biosecurity enforcement officer may, at any time after the end of 30 days after the notice was affixed and subject to subsection (5), take possession of the premises; and

                     (b)  a biosecurity officer may cause the premises:

                              (i)  to be treated in a manner specified in the request; and

                             (ii)  if necessary and with the written approval of the Director of Biosecurity, to be destroyed.

Consent or warrant required to take possession of premises

             (5)  A biosecurity enforcement officer must not take possession of premises under subsection (3) or (4) unless:

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

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

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

             (6)  If premises are to be destroyed under this section, a biosecurity officer may cause any goods in or on the premises to be removed from the premises before they are destroyed.



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