Document ID: chunk:federal_register_of_legislation:C2025C00015:section:342
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 342
Character Range: 552764–554998

342  Destruction of goods
 (1) If a biosecurity officer considers, on reasonable grounds, that goods cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the goods to be destroyed.
Note 1: If goods are required under this section to be destroyed:
(a) paragraph 347(1)(a) lets a biosecurity officer direct the person in charge of the goods to destroy them (and failure to comply with the direction may be an offence against section 350); and
(b) paragraph 347(1)(d) lets a biosecurity officer destroy them or arrange for someone else to carry out the destruction of the goods.
Note 2: Compensation may be payable to the owner of the goods (see sections 633 and 634).

High‑value goods
 (2) A biosecurity officer must not require high‑value goods to be destroyed without the written approval of the Director of Biosecurity.
Note 1: Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).
Note 2: A decision to give approval for high‑value goods to be destroyed is a reviewable decision (see Part 1 of Chapter 11).
Note 3: Unless subsection (4) applies, action must not be taken under section 347 to destroy high‑value goods until after any review or related proceeding (including any appeal) has been finally determined (see section 345).
 (3) Before a biosecurity officer takes action under section 347, in relation to a requirement for high‑value goods to be destroyed, a biosecurity officer must give the owner of the goods a notice in writing stating:
 (a) that the goods are to be destroyed; and
 (b) the reasons why the goods are to be destroyed.
 (4) However, action may be taken under section 347, in relation to a requirement for high‑value goods to be destroyed, without notice having been given to the owner of the goods under subsection (3) if a biosecurity officer:
 (a) has not been able, despite making reasonable efforts, to locate the owner of the goods; and
 (b) has certified in writing to that effect.
Note: If a biosecurity officer cannot, despite making reasonable efforts, locate the owner of high‑value goods, the goods may be forfeited to the Commonwealth (see section 627).