(1) If a biosecurity officer considers, on reasonable grounds, that goods cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the goods to be destroyed.
Note 1: If goods are required under this section to be destroyed:
(a) paragraph 347(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 350); and
(b) paragraph 347(1)(d) lets a biosecurity officer destroy them or arrange for someone else to carry out the destruction of the goods.
Note 2: Compensation may be payable to the owner of the goods (see sections 633 and 634).
(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 high-value goods to be destroyed is a reviewable decision (see Part 1 of Chapter 11).
Note 3: Unless subsection (4) applies, action must not be taken under section 347 to destroy high-value goods until after any review or related proceeding (including any appeal) has been finally determined (see section 345).
(3) Before a biosecurity officer takes action under section 347, in relation to a requirement for high-value goods to be destroyed, a biosecurity officer must give the owner of the goods a notice in writing stating:
(a) that the goods are to be destroyed; and
(b) the reasons why the goods are to be destroyed.
(4) However, action may be taken under section 347, in relation to a requirement for high-value goods to be destroyed, without notice having been given to the owner of the goods under subsection (3) if a biosecurity officer:
(a) has not been able, despite making reasonable efforts, to locate the owner of the goods; and
(b) has certified in writing to that effect.
Note: If a biosecurity officer cannot, despite making reasonable efforts, locate the owner of high-value goods, the goods may be forfeited to the Commonwealth (see section 627).