Document ID: chunk:federal_register_of_legislation:C2025C00015:section:609
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 609
Character Range: 961741–963325

609  Sale of detained conveyance
 (1) This section applies in relation to a conveyance that is detained under section 606 because a cost‑recovery charge that is due and payable by the owner of the conveyance has not been paid.
Note: For owner‑operators, see subsection (5).

Notice to owner
 (2) The conveyance may be sold under section 610 if:
 (a) the Director of Biosecurity has given a notice to the owner of the conveyance under subsection 606(2); and
 (b) at the end of the day specified in the notice under paragraph 606(2)(b), the cost‑recovery charge has not been paid.

Notice cannot be given
 (3) The conveyance may be sold under section 610 without giving a notice to the owner of the conveyance under subsection 606(2) if:
 (a) the Director of Biosecurity:
 (i) has not been able to give the notice to the owner of the conveyance, despite making reasonable efforts; and
 (ii) has certified in writing to that effect; and
 (b) at the end of 30 days after the Director of Biosecurity first attempted to give the notice, the cost‑recovery charge has not been paid.

Goods on board conveyance
 (4) The Director of Biosecurity may cause any goods on board the conveyance to be unloaded from the conveyance before it is sold.

Owner‑operators
 (5) To avoid doubt, the reference in subsection (1) to a cost‑recovery charge that is due and payable by the owner of a conveyance includes a reference to a cost‑recovery charge that the owner of a conveyance is liable to pay because the owner is also the operator of the conveyance.

Division 5—Power to sell goods and conveyances