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s 79

Treatment or destruction to prevent risk

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Part 4Inspection and compliance
Division 4Seizure, treatment, destruction and recall powers

79 Treatment or destruction to prevent risk

(1)

If —

(a)

the Director General —

(i)

has reasonable grounds for believing that an organism, a progenitor of that organism or a potential carrier was imported; and

(ii)

is not satisfied that it was imported in accordance with this Act;

or

(b)

the Director General —

(i)

has reasonable grounds for believing that an organism, a progenitor of that organism or potential carrier was brought from one area of the State into another area of the State; and

(ii)

is not satisfied that it was brought into that area in accordance with this Act,

the Director General may, by notice given to the owner, require the owner to treat or destroy the organism or potential carrier, and any progeny of the organism, in the manner and within the time specified in the notice.

(2)

Subsection (1) does not apply to the progeny of an organism if the progeny was imported, or brought into the relevant area, in accordance with this Act.

(3)

The notice must —

(a)

be in writing; and

(b)

inform the person to whom the notice is given that failure to comply with the notice could result in a fine, the Director General taking remedial action under section 87, or both.

(4)

A person to whom a notice is given under this section must not contravene the notice, unless that person has a lawful excuse for the contravention.

Penalty: a fine of $20 000.

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Section 79 — Treatment or destruction to prevent risk — Biosecurity and Agriculture Management Act 2007 (Western Australia) — Barrister AI