Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_68:p2
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 68 (pt 2/2)
Character Range: 157806–159910

of risk

 (5) A Director of Quarantine must not give a notice under subsection (3) if the Director is not satisfied that:
 (a) if the animals, plants or goods are dealt with in the way set out in the notice, there will be no unacceptably high level of quarantine risk; or
 (b) the person will either comply with the notice or tell the Director within the period set out in the notice that the person does not wish to deal with the goods as required by the notice.

Authorised action will not contravene Act

 (6) If, the animals, plants or goods have not been released from quarantine, any movement of, interference with, or dealing with, them that is necessary to comply with the notice is not a contravention of this Act.

Liability for things done before notice not affected

 (7) Any civil or criminal liability of the person to whom a notice is given because of a contravention of this Act that occurred in relation to the animals, plants or goods before the notice is given is not affected by the giving of the notice.

Further notice may be given

 (8) At any time before the person to whom a notice under subsection (3) is given complies with the notice, a Director of Quarantine may give a further notice to the person amending or revoking the notice. If the notice is amended, this section applies to the notice as amended in the same way as it applied to the original notice.

If notice is not complied with

 (9) If a notice is given to a person under subsection (3) within the period prescribed by the regulations for the purposes of this subsection, but the person:
 (a) does not comply with the notice within the period specified in it; or
 (b) tells a Director of Quarantine within that period that the person does not wish to deal with the goods as required by the notice;
the following provisions have effect:
 (c) the animals, plants or goods are forfeited to the Commonwealth; and
 (d) an officer or an officer of Customs may seize them; and
 (e) a Director of Quarantine may cause them to be sold, destroyed, exported from Australia or the Cocos Islands or otherwise disposed of.