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BIOSECURITY ACT 2015 - SECT 344

Destruction of premises

             (1)  This section applies in relation to premises that are a structure or building or a part of a structure or building.

             (2)  If a biosecurity officer considers, on reasonable grounds, that premises cannot be effectively treated, a biosecurity officer may, subject to subsection (3), require the premises to be destroyed.

Note 1:       If premises are required under this section to be destroyed:

(a)    paragraph 347(1)(c) lets a biosecurity officer direct the owner of the premises 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 premises.

Note 2:       Unless subsection (5) applies, premises must not be destroyed until after any review or related proceeding (including any appeal) has been finally determined (see section 345).

Note 3:       Compensation may be payable to the owner of the premises (see sections 633 and 634).

             (3)  A biosecurity officer must not require premises 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 premises to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

             (4)  Before a biosecurity officer takes action under paragraph 347(1)(c) or (d) in relation to the requirement to destroy the premises, a biosecurity officer must give the owner of the premises a notice in writing stating:

                     (a)  that the premises are to be destroyed; and

                     (b)  the reasons why the premises are to be destroyed.

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

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

                     (b)  has certified in writing to that effect.

             (6)  A biosecurity enforcement officer must not take possession of premises that are required to be destroyed under this section 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.

             (7)  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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