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BIOSECURITY ACT 2015 - SECT 629

Abandoned conveyances

             (1)  This section applies in relation to a conveyance if:

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

                              (i)  Part 2 of Chapter 4 (conveyances entering Australian territory); or

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

                     (b)  the conveyance is 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; and

                     (c)  either:

                              (i)  the Director of Biosecurity receives a written notice from the owner of the conveyance stating that the owner does not wish to take possession of the conveyance; or

                             (ii)  the Director of Biosecurity has, in writing, requested the owner of the conveyance to take possession of the conveyance within a specified period and the owner has not taken possession of the conveyance within that period.

             (2)  The Director of Biosecurity may, in writing, request the owner of the conveyance to arrange for the conveyance to be dealt with, or destroyed, in a manner and within the period specified in the request.

Note:          If a charge has been created on the conveyance to secure the payment of an unpaid cost-recovery charge, the conveyance may be dealt with under Subdivision C of Division 4 of Part 3 (cost recovery).

             (3)  If:

                     (a)  a request is made under subsection (2) in relation to a conveyance; and

                     (b)  the conveyance is not dealt with, or destroyed, in a manner and within the period specified in the request;

the Director of Biosecurity may, if necessary, take possession of the conveyance and cause it to be sold under section 610, destroyed or otherwise disposed of.

Note:          Before exercising a power under this subsection, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).

             (4)  If a conveyance is to be destroyed under this section, the Director of Biosecurity may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.

             (5)  Before a conveyance is sold, destroyed or otherwise disposed of under this section, the Director of Biosecurity may cause the conveyance to be treated in an appropriate manner to manage any biosecurity risk associated with it.



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