Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53k
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53K
Character Range: 41463–42988

53K  Directions about how pressurised container is to be dealt with

Scope
 (1) This section applies if an inspector seizes a pressurised container under section 53.

Application for direction
 (2) The inspector may apply to the Minister or Secretary for a direction under subsection (3).

Direction
 (3) If:
 (a) the inspector applies to the Minister or Secretary for a direction under subsection (2); and
 (b) the Minister or Secretary, as the case may be, is satisfied that the pressurised container constitutes a danger to public health and safety;
the Minister or Secretary, as the case may be, may direct that the pressurised container must be dealt with in a manner specified in the direction.
 (4) A direction under subsection (3) may require the pressurised container and its contents to be destroyed.
 (5) Subsection (4) does not limit subsection (3).
 (6) The inspector must comply with a direction under subsection (3).
 (7) A direction under subsection (3) is not a legislative instrument.

Compensation
 (8) If a pressurised container and its contents is destroyed under this section, the owner of the container may apply to a designated court for compensation.
 (9) On application under subsection (8), the designated court must order the Commonwealth to pay compensation if the court is satisfied that the pressurised container did not contain forfeitable goods.
 (10) The amount of compensation ordered must be the market value of the pressurised container and its contents at the time they were destroyed.