Biosecurity Act 2015

This section applies if:

a biosecurity officer requires a conveyance to be treated in a specified manner under subsection 208(1); and

a biosecurity officer suspects, on reasonable grounds, that treatment of the conveyance in that manner is likely to damage the conveyance.

Before any treatment is carried out on the conveyance, a biosecurity officer must, by notice in writing:

inform the person in charge or the operator of the conveyance that:

the conveyance is required to be treated in a specified manner; and

the treatment is likely to damage the conveyance; and

request the person in charge or the operator to agree to the treatment of the conveyance.

However, the conveyance may be treated in the specified manner without notice having been given under subsection (2) if:

a biosecurity officer suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the conveyance; and

the biosecurity officer is satisfied that the conveyance needs to be treated as soon as practicable to reduce that risk to an acceptable level.

If:

a notice is given to the person in charge or the operator of the conveyance under subsection (2); and

the person in charge or the operator does not, within 30 days after receiving the notice, notify a biosecurity officer in writing that the person or operator agrees to the conveyance being treated as specified in the notice;

to be dealt with, or destroyed, in a manner specified in the request; or

to be removed from Australian territory;

If:

a request is made under subsection (4) in relation to the conveyance; and

the conveyance is not, within the period specified in the request:

dealt with, or destroyed, in a manner specified in the request; or

removed from Australian territory;

a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and

a biosecurity officer may, with the written approval of the Director of Biosecurity, cause the conveyance to be removed from Australian territory, destroyed or otherwise disposed of.

Before giving approval under paragraph (5)(d), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

A biosecurity enforcement officer must not take possession of the conveyance under subsection (5) unless:

the owner of the conveyance has consented in writing to the taking of possession; or

the taking of possession is authorised by a conveyance possession warrant.

For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.

If a conveyance is to be destroyed under this section, a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.