Environment Protection and Biodiversity Conservation Act 1999

An authorised officer may direct a person to deliver to the officer, or to another person specified in the direction, a thing that the officer is authorised to seize under a warrant issued under Division 4 or under section 445.

The direction must:

be in writing; and

be given to the person who is directed to deliver the thing, who must be:

if the thing is a vessel—the person in charge of the vessel, or the vessel’s owner; or

if the thing is an aircraft—the person in charge of the aircraft; or

otherwise—the person in possession of the thing; and

specify the place at which the delivery is to occur; and

specify the period within which the delivery is to occur.

A person must not fail to comply with a direction under this section.

This Part applies to a thing delivered in compliance with a direction under this section as if the thing had been seized under the warrant or section that authorised the officer to seize the thing.

A direction made under subsection (1) is not a legislative instrument.