Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 600

Biosecurity officer may withhold goods that are subject to charge

             (1)  A biosecurity officer may withhold goods that are subject to a charge created under section 598 because a cost-recovery charge has not been paid.

             (2)  The biosecurity officer must give a written notice to the owner of the goods stating that:

                     (a)  the goods are withheld under this section; and

                     (b)  the goods may be sold under section 610 if the cost-recovery charge has not been paid by the end of the day specified in the notice, which must be at least 30 days after the day the notice is given.

             (3)  A failure to comply with subsection (2) does not affect the withholding of the goods or the exercise of powers under subsection (4) or (5).

Powers for the purpose of withholding goods

             (4)  For the purpose of withholding the goods, a biosecurity officer may:

                     (a)  refuse to release the goods from biosecurity control; or

                     (b)  take possession of the goods.

             (5)  For the purpose of withholding the goods, a biosecurity officer may give any of the following directions to a person in charge of the goods:

                     (a)  a direction to secure the goods in a manner specified by the biosecurity officer;

                     (b)  a direction not to move, deal with or interfere with the goods;

                     (c)  a direction to move the goods to a place specified by the biosecurity officer;

                     (d)  any other direction relating to the movement of the goods.

Civil penalty provisions

             (6)  A person who is given a direction under subsection (5) must comply with the direction.

Civil penalty:          120 penalty units.



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