Power to direct person to treat, refrain from treating, destroy or dispose of thing
77 Power to direct person to treat, refrain from treating, destroy or dispose of thing
An inspector may direct the owner, consignor, consignee or person in control of an organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product or other substance or thing to treat, refrain from treating, destroy or otherwise dispose of it 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
it is infected or infested with a declared pest or unlisted organism or is contaminated.
A direction may be given under this section in relation to an organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product or other substance or thing whether or not it has been seized and detained under section 73(1).
An inspector may direct a person to do any or all of the following —
deliver each or any specified declared pest in the person’s possession to the inspector at a specified time and place;
destroy each or any specified declared pest in the person’s possession within a specified period and by a specified means;
produce evidence that a direction under paragraph (b) has been complied with.
The direction must —
be in writing; and
inform the person to whom the direction is given that failure to comply with the direction could result in a fine, the Director General taking remedial action under section 87, or both.
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