Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 342

  (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).

High - value goods

  (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).