Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 345

  (1)   This section applies if a biosecurity officer has given a notice in relation to high - value goods, a conveyance or other premises in accordance with subsection   342(3), 343(3) or 344(4) (as the case may be).

Note:   Section   344 applies in relation to premises that are a structure or building or a part of a structure or building.

  (2)   A biosecurity officer must not take action under subsection   347(1), in relation to the requirement for the goods, conveyance or premises to be destroyed, until:

  (a)   after the period in which an application may be made for review (including merits or judicial review) of:

  (i)   the decision to require the goods, conveyance or premises to be destroyed; or

  (ii)   the decision of the Director of Biosecurity to approve the making of the requirement; or

  (b)   if an application referred to in paragraph   (a) is made--after the review or any related proceeding (including any appeal) has been finally determined.

Note:   If goods, a conveyance or premises are required under section   342, 343 or 344 to be destroyed, subsection   347(1) lets a biosecurity officer:

(a)   direct the person in charge of the goods, the operator or owner of the conveyance or the owner of the premises to carry out the destruction; or

(b)   carry out the destruction himself or herself; or

(c)   arrange for another person to carry out the destruction.

  (3)   However, subsection   (2) does not apply in relation to the goods, conveyance or premises if a biosecurity officer is satisfied that:

  (a)   a disease or pest that may be present in or on the goods, conveyance or premises poses a high level of biosecurity risk; and

  (b)   the biosecurity risk cannot be managed for long enough to allow a review of a decision described in paragraph   (2)(a), and any related proceeding (including any appeal), to be finally determined.

  (4)   If:

  (a)   in accordance with subsection   (3), a biosecurity officer takes action under subsection   347(1), in relation to the requirement for the goods, conveyance or premises to be destroyed, before the end of the period referred to in paragraph   (2)(a); and

  (b)   no application for review described in paragraph   (2)(a) had been made before the action was taken;

an application for review of the decision to require the goods, conveyance or premises to be destroyed must not be made.

  (5)   If:

  (a)   an application referred to in paragraph   (2)(a) has been made; and

  (b)   before the review or any related proceeding (including any appeal) has been finally determined, a biosecurity officer takes action in accordance with subsection   (3) under subsection   347(1) in relation to the requirement for the goods, conveyance or premises to be destroyed;

the review or related proceeding (including any appeal) is taken to be discontinued when the action is taken.