Power to destroy unsafe things
106 Power to destroy unsafe things
This section applies to anything inspected or seized under this part by an authorised person if the authorised person is satisfied, on reasonable grounds, that the thing poses a risk to the health or safety of people or of damage to property or the environment.
The authorised person may direct a person in charge of the premises where the thing is to destroy or otherwise dispose of the thing.
The direction may state 1 or more of the following:
how the thing must be destroyed or otherwise disposed of;
how the thing must be kept until it is destroyed or otherwise disposed of;
the period within which the thing must be destroyed or otherwise disposed of.
A person in charge of the premises where the thing is commits an offence if the person contravenes a direction given to the person under subsection (2).
Maximum penalty: 100 penalty units.
Alternatively, if the thing has been seized under this part, the authorised person may destroy or otherwise dispose of the thing.
Costs incurred by the Territory in relation to the disposal of a thing under subsection (5) are a debt owing to the Territory by, and are recoverable together and separately from, the following people:
the person who owned the thing;
each person in control of the premises where the thing was.
An offence against this section is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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