Western Australian Numbered Acts

BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 (NO. 23 OF 2007) - SECT 84

84 .         Recall of organism or substance

        (1)         In this section —

        “recallable substance” means an agricultural product, animal feed, fertiliser or other thing, or a batch of an agricultural product, animal feed, fertiliser or other thing, which is, or appears to the Director General to be, infected or infested with a declared pest or contaminated.

        (2)         The Director General may, by notice in writing given to a person (the "notified person") who has, or has had, possession or control of a prohibited organism or a recallable substance, require that person to do any one or more of the things mentioned in subsection (4).

        (3)         The notice must —

            (a)         be in writing; and

            (b)         inform the person to whom it is given that failure to comply with the notice could result in a fine, the Director General taking remedial action under section 87, or both.

        (4)         The things that a notified person may be required to do under subsection (2) are as follows —

            (a)         not to supply, or to stop supplying, the prohibited organism or recallable substance, either immediately or within a specified period;

            (b)         to take any action stated in the notice that the notified person is reasonably capable of taking to recover stocks of the prohibited organism or recallable substance from any other person —

                  (i)         to whom the prohibited organism or recallable substance has been supplied by the notified person; or

                  (ii)         who has possession or control of any such prohibited organism or recallable substance directly or indirectly because of supply by the notified person;

            (c)         to take any action that is specified in the notice, or that the notified person thinks necessary, to prevent or reduce any harmful effects that may have resulted from the use of the prohibited organism or recallable substance;

            (d)         to destroy, as specified in the notice, stocks of the prohibited organism or recallable substance in the possession or control of, or recovered by, the notified person or to deal with them as specified in the notice;

            (e)         to report to the Director General within the specified period on the action taken by the notified person under the notice.

        (5)         A person to whom a notice is given under this section must comply with the notice, unless that person has a lawful excuse for failing to do so.

        Penalty: a fine of $20 000.