New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 114

114 Persons directly affected by destruction to be advised of proposed destruction

(1) An authorised officer must not destroy any thing in the exercise of a function under this Part unless--

(a) before taking that action, the authorised officer gives notice in writing of the proposed destruction to the owner or person in charge of the thing, or

(b) the authorised officer is satisfied that the owner or person in charge of the thing has already been given notice in writing of the proposed destruction.

(2) Notice must be given at least one day before the function is exercised.

(3) A requirement to give notice does not apply to the destruction of a thing if--

(a) there appears to be no one immediately in control of it, and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located, and

(b) the authorised officer considers that, in the circumstances, the function must be exercised without prior notice to the owner or person in charge.

(4) This section does not apply to the destruction of a thing that has been forfeited to the Secretary.