Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 627

Forfeited goods

             (1)  This section applies in relation to goods if:

                     (a)  biosecurity measures in relation to the goods have been required under:

                              (i)  Part 1 of Chapter 3 (goods brought into Australian territory); or

                             (ii)  Chapter 6 (managing biosecurity risks: monitoring, control and response); and

                     (b)  the goods are in the possession or control of:

                              (i)  the Commonwealth; or

                             (ii)  a biosecurity industry participant as authorised by an approved arrangement covering the biosecurity industry participant.

             (2)  The goods are forfeited to the Commonwealth:

                     (a)  if:

                              (i)  the Director of Biosecurity notifies, in writing, the owner of the goods that the goods may be collected; and

                             (ii)  the goods are not collected within 90 days after the notice is given; or

                     (b)  if the Director of Biosecurity:

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

                             (ii)  has certified in writing to that effect.

             (3)  If goods are forfeited to the Commonwealth under subsection (2), the Director of Biosecurity may cause the goods to be sold, destroyed or otherwise disposed of.

             (4)  Before goods are sold, destroyed or otherwise disposed of under this section, the Director of Biosecurity may cause the goods to be treated in an appropriate manner to manage any biosecurity risk associated with them.



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