Recovery of costs of storing or keeping organisms or specimens
454 Recovery of costs of storing or keeping organisms or specimens
If an organism or specimen is seized under this Division, the owner is liable to pay to the Commonwealth an amount equal to the sum of the following costs:
reasonable costs incurred by the Commonwealth in relation to the custody of the organism or specimen;
reasonable costs incurred by the Commonwealth in transporting the organism or specimen;
reasonable costs incurred by the Commonwealth in maintaining the organism or specimen.
If:
an organism or specimen is seized under this Division; and
the organism or specimen is disposed of;
the owner is liable to pay to the Commonwealth an amount equal to the reasonable costs incurred by the Commonwealth in disposing of the organism or specimen.
An amount payable by a person under this section is a debt due by the person to the Commonwealth.
An amount payable by a person to the Commonwealth under this section may be recovered by action in a court of competent jurisdiction.
The CEO may remit an amount payable by a person under this section.
In addition to its effect apart from this subsection, this section also has the effect it would have if a liability under this section were, by express provision, confined to the case of an organism or specimen that:
is forfeited to the Commonwealth under this Act; or
would have been forfeited to the Commonwealth under this Act if it had not been disposed of.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.