Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 628

  (1)   This section applies if:

  (a)   goods were brought or imported into Australian territory; and

  (b)   at the time the goods were brought or imported into Australian territory, the goods were:

  (i)   prohibited goods; or

  (ii)   conditionally non - prohibited goods; or

  (iii)   suspended goods; and

  (c)   if the goods were conditionally non - prohibited goods--an applicable condition in relation to the goods has not been complied with.

  (2)   A biosecurity officer may take possession of the goods.

  (3)   The Director of Biosecurity may determine that the goods are forfeited to the Commonwealth. If the determination is made in writing, it is not a legislative instrument.

  (4)   Before making a determination under subsection   (3), the Director of Biosecurity must notify, in writing or orally, a person in charge of the goods that:

  (a)   a biosecurity officer may take possession of the goods; and

  (b)   the goods will be forfeited to the Commonwealth;

unless a person in charge of the goods arranges, within a specified period:

  (c)   for the goods to be destroyed, removed from Australian territory or otherwise dealt with in a way specified by the Director; and

  (d)   for any other requirements specified by the Director relating to the goods to be complied with.

Note:   For the purposes of this section, person in charge of goods has the meaning given by subsection   (7).

  (5)   If a determination is made under subsection   (3) in relation to the goods, a biosecurity officer may:

  (a)   take possession of the goods (if they are not already in the possession or control of the Commonwealth); and

  (b)   cause the goods to be sold, destroyed, removed from Australian territory or otherwise disposed of.

  (6)   A failure to notify a person in charge of the goods of the matters referred to in subsection   (4) does not affect the validity of:

  (a)   a determination under subsection   (3) in relation to the goods; or

  (b)   the forfeiture of the goods.

Note:   If the operation of this section would result in an acquisition of property otherwise than on just terms, the Commonwealth may be liable to pay compensation under section   27.

Definitions

  (7)   In this section:

"applicable condition" , in relation to conditionally non - prohibited goods, means:

  (a)   a condition in relation to the goods specified in a determination in force under subsection   174(1); or

  (b)   if the goods were brought or imported into Australian territory as authorised by a permit granted under section   179--a condition specified in the permit.

"person in charge" of goods does not include a biosecurity industry participant who is in possession or control of the goods only because of a direction given to the biosecurity industry participant by a biosecurity officer.