Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_48aa
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 48AA
Character Range: 104435–106088

48AA  Treatment and destruction of goods

Application

 (1) This section applies to any goods that are required under this Act to be treated.

Power to destroy goods

 (2) Subject to subsection (3), if a quarantine officer believes on reasonable grounds that the goods cannot be effectively treated, he or she may cause them to be destroyed.

Ministerial approval for destruction of goods

 (3) If the value of any goods to which subsection (2) applies exceeds:
 (a) unless paragraph (b) applies—$1,000; or
 (b) if a higher amount is prescribed by the regulations—the higher amount;
the goods must not be destroyed without the written approval of the Minister.

Request to owner or agent to agree to treatment of goods

 (4) If a quarantine officer believes on reasonable grounds that the goods cannot be effectively treated without damaging them, the quarantine officer must, by notice in writing given to the owner of the goods or the agent of the owner, tell the owner or agent that the treatment is likely to damage the goods and request the owner or agent to agree to the goods being treated.

Forfeiture of untreated goods

 (5) If:
 (a) a notice is given to the owner of goods or the agent of the owner under subsection (4); and
 (b) the owner or agent does not, before the end of 30 days after the day on which the owner or agent receives the notice, give written notice to a Director of Quarantine stating that the owner or agent agrees to the goods being treated;
the goods are forfeited to the Commonwealth and a quarantine officer may seize them and cause them to be sold, destroyed, exported from Australia or otherwise disposed of.