Document ID: chunk:federal_register_of_legislation:C2025C00015:section:343:p2
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 343 (pt 2/2)
Character Range: 557542–559206

with conveyance if conveyance is not destroyed by owner or operator
 (5) If:
 (a) a notice is given to the owner or the operator of the conveyance under subsection (3) and the conveyance is not destroyed in a manner specified in the notice within the period specified in the notice; or
 (b) a certificate in relation to the conveyance has been issued under paragraph (4)(b);
then:
 (c) a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and
 (d) a biosecurity officer may, with the written approval of the Director of Biosecurity, take action under paragraph 347(1)(d) to destroy the conveyance or arrange for another person to destroy it.
Note: Before giving approval under paragraph (5)(d), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).
 (6) A biosecurity enforcement officer must not take possession of a conveyance under subsection (5) unless:
 (a) the owner or the operator of the conveyance has consented in writing to the taking of possession; or
 (b) the taking of possession is authorised by a conveyance possession warrant.
Note 1: This subsection does not apply in relation to a conveyance that has been forfeited to the Commonwealth under section 630.
Note 2: For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.
 (7) If a conveyance is to be destroyed under this section, a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.