Document ID: chunk:federal_register_of_legislation:C2025C00015:section:210:p2
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 210 (pt 2/2)
Character Range: 369566–371840

(i) suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the conveyance; and
 (ii) is satisfied that the conveyance needs to be destroyed as soon as practicable to reduce that risk to an acceptable level.
Note: If a biosecurity officer cannot, despite making reasonable efforts, locate the owner or the operator of a conveyance, the conveyance may be forfeited to the Commonwealth (see section 630).

Dealing with conveyance if conveyance is not removed from Australian territory or destroyed
 (5) If:
 (a) a notice is given to the owner or the operator of the conveyance under subsection (3) and the conveyance is not, within the period specified in the notice:
 (i) removed from Australian territory; or
 (ii) destroyed in a manner specified in the notice; or
 (b) a certificate in relation to the conveyance has been issued under subparagraph (4)(a)(ii); or
 (c) paragraph (4)(b) applies;
then:
 (d) a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and
 (e) a biosecurity officer may, with the written approval of the Director of Biosecurity for the destruction of the conveyance, take action under paragraph 213(1)(d) or (e) to destroy the conveyance or arrange for another person to destroy it.
Note: Before giving approval under paragraph (5)(e), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).
 (6) A biosecurity enforcement officer must not take possession of a conveyance under subsection (5) unless:
 (a) the owner or the operator of the conveyance has consented in writing to the taking of possession; or
 (b) the taking of possession is authorised by a conveyance possession warrant.
Note 1: This subsection does not apply in relation to a conveyance that has been forfeited to the Commonwealth under section 630.
Note 2: For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.
 (7) If a conveyance is to be destroyed under subsection 213(1), a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.