Document ID: chunk:federal_register_of_legislation:C2004A04209:body:0:p2
Version: federal_register_of_legislation:C2004A04209
Segment Type: other
Provision Reference: 
Character Range: 2466–4560

goods a notice under subsection (2).

"(2) A notice must be in writing and advise the owner that the animals, plants or goods may be sold if expenses under section 64 are payable in respect of the animals, plants or goods at the end of 30 days after the notice is given to the owner.

"(3) If, at the end of 30 days after a notice is given to the owner, expenses under section 64 in respect of the animals, plants or goods are payable, the Commonwealth may:

  (a)     sell the animals, plants or goods; and

    (b)     give full and effective title to the animals, plants or goods free of all encumbrances and interests.

"(4) For the purpose of effecting a sale of the animals, plants or goods, the Director of Animal and Plant Quarantine may, on behalf of the Commonwealth:

   (a)     take possession of the animals, plants or goods; and

   (b)     make and execute all necessary instruments and documents.

"(5) The proceeds of sale are to be applied against the expenses of the sale and the expenses payable under section 64 in respect of the animals, plants or goods, and any amount not so applied is to be paid to the owner.

"(6) Nothing in this section affects the right of the Commonwealth to recover expenses by other means.".

6. The amendment of the Principal Act effected by section 5 does not apply to expenses incurred in respect of any animals, embryos, gametes or other genetic material, plants or goods first detained in quarantine before 1 September 1991.

NOTE

  1. No. 3, 1908, as amended. For previous amendments, see No. 15, 1912; No. 42, 1915; No. 47, 1920; No. 30, 1924; Nos. 19 and 92, 1947; No. 80, 1950; No. 61, 1961; No. 12, 1966; No. 1, 1969; No. 216, 1973 (as amended by No. 20, 1974); No. 37, 1976; Nos. 1, 105 and 155, 1979; No. 70, 1980; No. 54, 1981; No. 51, 1982; No. 84, 1983; No. 19, 1984 (as amended by No. 165, 1984); No. 22, 1984; No. 2, 1985; No. 104, 1987 (as amended by No. 155, 1988); No. 141, 1987; and No. 99, 1988.

[Minister's second reading speech made in—
     House of Representatives on 31 May 1991 a.m.
     Senate on 21 August 1991]