Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_20
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 20
Character Range: 46093–48176

20  Treatment required that might damage goods
(1) This item applies in relation to goods if:
 (a) the goods had been required under the Quarantine Act to be treated; and
 (b) a quarantine officer had believed on reasonable grounds that the goods could not be effectively treated without being damaged; and
 (c) the goods had not been treated as required before the commencement day.

Permission for treatment given
(2) If the owner of the goods, or the agent of the owner of the goods, had agreed to the treatment before the commencement day, then the Biosecurity Act (other than subsection 133(2) and section 134) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act.

Permission for treatment requested but not given
(3) If:
 (a) the owner of the goods, or the agent of the owner of the goods, had been given a notice under subsection 48AA(4) of the Quarantine Act; and
 (b) the owner or agent had not agreed to the treatment before the commencement day; and
 (c) the goods had not been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act;
then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if:
 (d) the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act; and
 (e) the notice had been given to a person in charge of the goods under subsection 134(2) of that Act.
Note: Item 24 deals with goods that had been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act.

Permission for treatment not requested
(4) If:
 (a) the owner of the goods, or the agent of the owner of the goods, had not been given a notice under subsection 48AA(4) of the Quarantine Act; and
 (b) the owner or agent had not agreed to the treatment before the commencement day;
then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act.