Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_68:p1
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 68 (pt 1/2)
Character Range: 155411–158013

68  Effect of unlawful importation etc.

Circumstances in which section applies

 (1) This section applies if:
 (a) any animals, plants or other goods are imported or introduced into, or brought into any port or other place in, Australia or the Cocos Islands; or
 (b) any animals, plants or other goods are removed:
 (i) from a part of Australia to another part of Australia; or
 (ii) from a part of the Cocos Islands to another part of the Cocos Islands; or
 (iii) from Australia to the Cocos Islands; or
 (iv) from the Cocos Islands to Australia; or
 (c) any animals, plants or other goods are moved, interfered with or dealt with;
in contravention of this Act.

Seizure of goods

 (2) A quarantine officer may seize the animals, plants or goods and, if they are seized:
 (a) they are forfeited to the Commonwealth; and
 (b) the quarantine officer must give a notice to a person referred to in subsection (4) stating that they have been seized and forfeited to the Commonwealth and that they will be sold, destroyed, exported from Australia or the Cocos Islands or otherwise disposed of in any way that a Director of Quarantine thinks appropriate; and
 (c) a Director of Quarantine may cause the animals, plants or goods to be sold, destroyed, exported from Australia or the Cocos Islands or otherwise disposed of.

Notice by Director of Quarantine where goods not seized

 (3) If the animals, plants or goods have not been seized under subsection (2), a Director of Quarantine may give a notice to a person referred to in subsection (4) stating that they will be seized, sold, destroyed, exported from Australia or the Cocos Islands or otherwise disposed of in any way that the Director thinks appropriate unless, within a period set out in the notice:
 (a) they are destroyed, exported from Australia or the Cocos Islands, as the case may be, or otherwise dealt with in a way set out in the notice; and
 (b) any other requirements set out in the notice relating to the animals, plants or goods are complied with.

Person to whom notice may be given

 (4) A notice under subsection (2) or (3) may be given:
 (a) in respect of animals, plants or other goods imported as mentioned in paragraph (1)(a)—to the importer; or
 (b) otherwise—to the owner, or the person in possession or control, of the animals, plants or goods.

Notice must not require action involving unacceptably high level of risk

 (5) A Director of Quarantine must not give a notice under subsection (3) if the Director is not satisfied that:
 (a) if the animals, plants or goods are dealt with in the way set out in the notice,