Biosecurity and Agriculture Management Act 2007

Subject to the regulations (if any) an inspector may —

seize and detain an organism or potential carrier until —

it can be determined whether the organism or potential carrier was imported in contravention of section 15; or

it can be determined whether the organism is a declared pest; or

it can be determined whether the organism or potential carrier is infected or infested with a declared pest or is contaminated; or

the organism or potential carrier is treated, destroyed, disposed of or otherwise dealt with under subsection (2);

seize and detain an agricultural product, animal feed, fertiliser, chemical product or other substance or thing until it can be determined whether it is infected or infested with a declared pest or is contaminated; and

without limiting paragraph (a) or (b), seize and detain an organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product or other substance or thing until it is treated, destroyed, disposed of or otherwise dealt with under subsection (2) if there are reasonable grounds for believing that —

an offence under this Act is being or has been committed in relation to the organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product or other substance or thing; or

the organism is a declared pest; or

the organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product or other substance or thing is infected or infested with a declared pest or is contaminated.

If an inspector seizes a thing under subsection (1), the inspector may do any of the following —

direct the person from whom the thing is seized to keep the thing in accordance with the directions of the inspector;

remove and keep the thing so seized;

treat the thing so seized to control declared pests or unlisted organisms or to lessen the risk of the spread of declared pests or unlisted organisms;

whether or not proceedings have been or are intended to be taken under this Act in respect of the thing seized, but subject to subsection (4) and the regulations (if any) —

destroy, dispose of or otherwise deal with the thing; or

direct the person from whom the thing is seized to destroy, dispose or otherwise deal with the thing; or

declare anything so seized to be forfeited to the Crown;

subject to such direction, if any, as the inspector thinks fit to make under section 77 or 79, restore anything so seized to the person from whom it was seized.

An organism or potential carrier may be treated under subsection (2)(c) whether or not the organism or potential carrier is infected or infested with a declared pest or unlisted organism.

An action must not be taken under subsection (2)(d) before the expiry of the time within which an application may be made under section 74 for a review of the decision to seize the thing or, where an application has been so made, before the determination of the application.