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BIOSECURITY ACT 2015 - SECT 343

Destruction of conveyance

             (1)  If a biosecurity officer considers, on reasonable grounds, that a conveyance cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the conveyance to be destroyed.

Note 1:       If a conveyance is required under this section to be destroyed:

(a)    subparagraph 347(1)(b)(ii) lets a biosecurity officer direct the operator or owner of the conveyance to destroy it (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 it or arrange for someone else to carry out the destruction of the conveyance.

Note 2:       Compensation may be payable to the owner of the conveyance (see sections 633 and 634).

Director of Biosecurity must approve destruction

             (2)  A biosecurity officer must not require a conveyance 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 a conveyance 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 a conveyance until after any review or related proceeding (including any appeal) has been finally determined (see section 345).

Notice must be given that conveyance is required to be destroyed

             (3)  Before a biosecurity officer takes action under subparagraph 347(1)(b)(ii) or paragraph 347(1)(d) in relation to the requirement to destroy the conveyance, a biosecurity officer must, by notice in writing:

                     (a)  inform the owner or the operator of the conveyance:

                              (i)  that the conveyance is required to be destroyed; and

                             (ii)  the reasons why the conveyance is required to be destroyed; and

                     (b)  request the owner or the operator of the conveyance to arrange for the conveyance to be destroyed in a manner specified in the notice within the period specified in the notice.

             (4)  However, a notice is not required to be given under subsection (3) if a biosecurity officer:

                     (a)  has not been able, despite making reasonable efforts, to locate the owner or the operator of the conveyance; and

                     (b)  has certified in writing to that effect.

Note:          If a biosecurity officer cannot, despite making reasonable efforts, locate the owner or the operator of a conveyance, the conveyance may be forfeited to the Commonwealth (see section 630).

Dealing with conveyance if conveyance is not destroyed by owner or operator

             (5)  If:

                     (a)  a notice is given to the owner or the operator of the conveyance under subsection (3) and the conveyance is not destroyed in a manner specified in the notice within the period specified in the notice; or

                     (b)  a certificate in relation to the conveyance has been issued under paragraph (4)(b);

then:

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

                     (d)  a biosecurity officer may, with the written approval of the Director of Biosecurity, take action under paragraph 347(1)(d) to destroy the conveyance or arrange for another person to destroy it.

Note:          Before giving approval under paragraph (5)(d), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

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

                     (a)  the owner or the operator 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 1:       This subsection does not apply in relation to a conveyance that has been forfeited to the Commonwealth under section 630.

Note 2:       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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