Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_31
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 31
Character Range: 54852–56641

31  Goods imported etc. in contravention of Quarantine Act
(1) This item applies in relation to animals, plants or other goods that, before the commencement day:
 (a) had been imported or introduced into, or brought into any port or other place in Australia, the Cocos Islands or Christmas Island; or
 (b) had been removed from a place to another place as described in paragraph 68(1)(b) of the Quarantine Act; or
 (c) had been moved, interfered with or dealt with;
in contravention of the Quarantine Act.
(2) If:
 (a) the animals, plants or other goods had not been seized under subsection 68(2) of the Quarantine Act; and
 (b) a notice had not been given to a person under subsection 68(3) of that Act;
then section 628 of the Biosecurity Act applies to the animals, plants or other goods (despite subsection (1) of that section).
(3) If:
 (a) the animals, plants or other goods had not been seized under the Quarantine Act; and
 (b) a notice had been given to a person under subsection 68(3) or (8) of that Act (except a notice revoking a notice under subsection 68(3) of that Act);
then:
 (c) section 628 of the Biosecurity Act applies to the animals, plants or other goods (despite subsection (1) of that section); and
 (d) the person in charge of the animals, plants or other goods is taken to have been notified under subsection 628(4) of that Act.
(4) If, before the commencement day, the animals, plants or other goods had been forfeited to the Commonwealth under paragraph 68(2)(a) or (9)(c) of the Quarantine Act but had not been sold, destroyed, exported or disposed of under section 68 of that Act, subsection 628(5) of the Biosecurity Act applies to the animals, plants or other goods (despite subsection 628(1) of that Act).

Part 3—Managing biosecurity risks: conveyances