Dealing with thing before it is condemned
106D Dealing with thing before it is condemned
On behalf of the Commonwealth, AFMA may cause the thing to be disposed of or destroyed if it is a boat and AFMA is satisfied that:
the boat is unseaworthy; or
the boat poses a serious risk to safety or public health; or
the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or
the boat poses a serious risk of damage to other property or the environment; or
the expenses of custody and maintenance of the boat between its seizure and condemnation are likely to be greater than its value.
If AFMA causes the boat to be disposed of, it may cause the disposal to be made subject to specified conditions.
The table lists some other provisions relevant to dealing with things before they are condemned as forfeited to the Commonwealth:
Provisions about dealing with things before they are condemned | ||
|---|---|---|
Item | Provision | Subject of provision |
1 | Paragraph 84(1)(t) | Officer’s power to dispose of seized fish |
2 | Section 88 | Release of seized property |
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