Document ID: chunk:federal_register_of_legislation:C2017C00123:section:91
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 91
Character Range: 102166–103712

91  Reasons for disposal
 (1) The Minister may dispose of a seized thing or retained thing, or a detained vessel or detained aircraft (also the thing), if:
 (a) custody or maintenance (including any necessary movement or transport) of the thing creates serious difficulties; or
 (b) the expenses of custody or maintenance (including any necessary movement or transport) of the thing are likely to exceed its value; or
 (c) the thing is a live plant or animal and its return to its native environment would be beneficial to its survival; or
 (d) if notice of Commonwealth ownership of the thing has been given:
 (i) an application for an order for the return of the thing has not been made within the time allowed under section 89; or
 (ii) proceedings in relation to such an application have been finally determined without an order for the return of the thing being made.
 (2) For the purposes of paragraph (1)(a), the custody or maintenance of the thing is taken to create serious difficulties if:
 (a) the thing is perishable; or
 (b) storage of the thing would be impractical; or
 (c) the thing poses a serious risk to navigation, safety or public health; or
 (ca) the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or
 (d) the thing poses a serious risk of damage to property or the environment; or
 (e) if the thing is a vessel—it is unseaworthy; or
 (f) despite reasonable efforts, it has not been possible to return the thing.
 (3) Subsection (2) does not limit paragraph (1)(a).