Biosecurity Act 2015

The Director of Biosecurity may detain a conveyance in Australian territory if the conveyance is subject to a charge created under section 604 because a cost‑recovery charge has not been paid by the owner or the operator of the conveyance.

The Director of Biosecurity must give a written notice to the owner and the operator of the conveyance stating:

that the conveyance is detained under this section; and

if the owner of the conveyance is liable to pay the cost‑recovery charge—that the conveyance may be sold under section 610 in accordance with section 609 if the cost‑recovery charge has not been paid by the end of the day specified in the notice, which must be at least 30 days after the day the notice is given.

A failure to comply with subsection (2) does not affect the detention of the conveyance or the power to give a direction under subsection (4).

For the purposes of detaining the conveyance, the Director of Biosecurity may give the person in charge of the conveyance a direction:

relating to the movement of the conveyance (including a direction to cause the conveyance to stop); or

requiring the conveyance to be left at a specified place in a specified manner; or

requiring goods on board the conveyance to be unloaded at a specified place in a specified manner.

See also section 572 (general provisions relating to directions).

A person who is given a direction under subsection (4) must comply with the direction.

A person commits an offence if:

the person is given a direction under subsection (4); and

the person engages in conduct; and

the conduct contravenes the direction.

A person is liable to a civil penalty if the person contravenes subsection (5).