Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 342

Destruction of goods

             (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).



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