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BIOSECURITY ACT 2015 - SECT 626

Abandoned goods

  (1)   This section applies in relation to goods if:

  (a)   biosecurity measures in relation to the goods have been required under:

  (i)   Part   1 of Chapter   3 (goods brought into Australian territory); or

  (ii)   Chapter   6 (managing biosecurity risks: monitoring, control and response); and

  (b)   the goods are in the possession or control of:

  (i)   the Commonwealth; or

  (ii)   a biosecurity industry participant as authorised by an approved arrangement covering the biosecurity industry participant; and

  (c)   a person in charge of the goods gives notice (either in writing or orally) to the Director of Biosecurity stating that the person does not wish to take possession of the goods.

Note:   For the purposes of this section, person in charge of goods has the meaning given by subsection   (5).

  (2)   A biosecurity officer may, in writing, request the owner of the goods to arrange for the goods to be dealt with, or destroyed, in a manner and within the period specified in the request.

  (3)   If:

  (a)   a request is made under subsection   (2) in relation to goods; and

  (b)   the goods are not dealt with, or destroyed, in a manner and within the period specified in the request;

the Director of Biosecurity may, if necessary, take possession of the goods and cause them to be sold under section   610, destroyed or otherwise disposed of.

  (4)   Before goods are sold, destroyed or otherwise disposed of under this section, the Director of Biosecurity may cause the goods to be treated in an appropriate manner to manage any biosecurity risk associated with them.

Modified meaning of person in charge of goods

  (5)   In this section, person in charge of goods does not include a biosecurity industry participant who is in possession or control of the goods only because of a direction given to the biosecurity industry participant by a biosecurity officer.


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