Document ID: chunk:federal_register_of_legislation:F2018L01763:reg:12
Version: federal_register_of_legislation:F2018L01763
Segment Type: reg
Provision Reference: reg 12
Character Range: 6923–8206

12  Dealing with condemned goods—prescribed procedures
 (1) If the Minister is reasonably satisfied that particular condemned goods are of a kind to which subsection (2) applies, the Minister may give an authorised person written approval to sell the goods.
 (2) This subsection applies to goods that:
 (a) are not, under another law of the Commonwealth, or a State or Territory:
 (i) required to be destroyed; or
 (ii) illegal to sell; and
 (b) are of a kind that can be:
 (i) given a use other than in a WMD program; or
 (ii) readily, and safely, altered so that they are no longer of a kind that can be used in a WMD program.
 (3) On receiving the Minister's approval to sell the goods, the authorised person must:
 (a) if the Minister so requires—alter the goods so that they are no longer of a kind that can be used in a WMD program; and
 (b) offer the goods for sale at the best reasonably achievable price; and
 (c) if the goods are sold—pay the proceeds to the Commonwealth.
 (4) The goods must not be transferred to a buyer until the buyer agrees, in writing:
 (a) not to use the goods in a WMD program and not to cause or allow another person to use the goods in a WMD program; and
 (b) to use the goods, or cause or allow the goods to be used, only for a lawful purpose.