Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.