New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 73

73 Destruction requirements

(1) A control order cannot require or authorise the destruction of a thing unless--

(a) the thing is, or is reasonably suspected of being, prohibited matter, or

(b) the thing is a carrier of, or reasonably suspected of being a carrier of, prohibited matter, or

(c) the thing is a pest to which the control order relates, or

(d) the thing is, or is reasonably suspected of being, infected or infested with, or harbouring, the biosecurity matter to which the control order relates and there are no other reasonably practicable treatment measures that could eliminate or minimise the biosecurity risk posed by the biosecurity matter, or

(e) the thing is, or is reasonably suspected of being--

(i) abandoned, and

(ii) biosecurity matter to which the control order relates or a carrier of biosecurity matter to which the control order relates.

(2) In this section--

"reasonably practicable" means reasonably practicable in the opinion of the Minister or an authorised officer.

"reasonably suspected" means reasonably suspected by the Minister or an authorised officer.