Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_74
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 74
Character Range: 107434–109888

74  Sale of animals, plants or other goods to recover expenses
(1) This item applies in relation to expenses that were payable in respect of a thing under section 64 of the Quarantine Act.
(2) If the Director of Animal and Plant Quarantine had not given the owner of the thing a notice under subsection 66A(2) of that Act before the commencement day, then the Director of Biosecurity must, as soon as practicable after the commencement day, give the owner of the thing a notice advising the owner of the matters referred to in subsection 66A(2) of that Act.
(3) The Director of Biosecurity may sell the thing, and give full and effective title to the thing free of all encumbrances and interests, if either:
 (a) both of the following apply:
 (i) the owner of the thing had been given a notice under subsection 66A(2) of the Quarantine Act, or is given a notice under subitem (2), in relation to the thing;
 (ii) at the end of 30 days after the notice was given, expenses under section 64 of the Quarantine Act are payable in respect of the thing; or
 (b) all of the following apply:
 (i) despite making reasonable efforts, the Director of Animal and Plant Quarantine could not give a notice under subsection 66A(2) of the Quarantine Act, and the Director of Biosecurity could not give a notice under subitem (2), to the owner of the thing;
 (ii) the Director of Biosecurity has certified in writing to that effect;
 (iii) at the end of 30 days after the Director of Biosecurity first attempted to give the notice, expenses under section 64 of the Quarantine Act are payable in respect of the thing.
(4) For the purpose of effecting a sale of the thing, the Director of Biosecurity may, on behalf of the Commonwealth:
 (a) take possession of the thing; and
 (b) make and execute all necessary instruments and documents.
(5) The proceeds of sale of the thing are to be applied against:
 (a) the expenses of the sale; and
 (b) the expenses payable under section 64 of the Quarantine Act in respect of the thing;
and any remaining amount is to be paid to the owner of the thing.
(6) However, any remaining amount is forfeited to the Commonwealth at the end of 30 days after the sale if the Director of Biosecurity:
 (a) has not been able to locate the owner of the thing, despite making reasonable efforts; and
 (b) has certified to that effect in writing.
(7) Nothing in this item affects the right of the Commonwealth to recover expenses by other means.