Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to anything inspected or seized under this part by a conservation officer if the conservation officer is satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment.
(2) The conservation officer may direct a person in charge of the premises where the thing is to destroy or otherwise dispose of the thing.
Note The power to make a direction includes the power to amend or repeal the direction. The power to amend or repeal the direction is exercisable in the same way, and subject to the same conditions, as the power to make the direction (see Legislation Act
, s 46).
(3) The direction may state 1 or more of the following:
(a) how the thing must be destroyed or otherwise disposed of;
(b) how the thing must be kept until it is destroyed or otherwise disposed of;
(c) the period within which the thing must be destroyed or otherwise disposed of.
(4) A person in charge of the premises where the thing is commits an offence if the person contravenes a direction given to the person under subsection (2).
Maximum penalty: 20 penalty units.
(5) Alternatively, if the thing has been seized under this part, the conservation officer may destroy or otherwise dispose of the thing.
(6) Costs incurred by the Territory in relation to the disposal of a thing under subsection (5) are a debt owing to the Territory by, and are recoverable together and separately from, the following people:
(a) the person who owned the thing;
(b) each person in control of the premises where the thing was.
Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act
, s 177).
(7) An offence against this section is a strict liability offence.