210Destruction of conveyance

210  Destruction of conveyance

 (1) If a biosecurity officer considers, on reasonable grounds, that the conveyance cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the conveyance to be destroyed.

Note 1: If a conveyance is required under this section to be destroyed:

(a) paragraphs 213(1)(b) and (c) let a biosecurity officer direct the operator or owner of the conveyance to arrange for it to be destroyed (and failure to comply with the direction may be an offence against section 215 or attract a civil penalty under that section); and

(b) paragraph 213(1)(d) lets a biosecurity officer destroy the conveyance; and

(c) paragraph 213(1)(e) lets a biosecurity officer arrange for someone else to carry out the destruction of the conveyance.

Note 2: The conveyance must not be destroyed until after any review or related proceeding (including any appeal) has been finally determined (see section 211), unless subsection (4) of this section applies or the owner or operator of the conveyance chooses.

Director of Biosecurity must approve destruction

 (2) A biosecurity officer must not require the conveyance to be destroyed without the written approval of the Director of Biosecurity.

Note 1: Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2: A decision to give approval for a requirement for a conveyance to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

Notice must be given that conveyance is required to be destroyed

 (3) Before a biosecurity officer takes action under paragraph 213(1)(b), (c), (d) or (e) in relation to the requirement to destroy the conveyance, a biosecurity officer must, by notice in writing:

 (a) inform the owner or the operator of the conveyance of:

 (i) the requirement that the conveyance be destroyed; and

 (ii) the reasons why the conveyance is required to be destroyed; and

 (b) request the owner or the operator of the conveyance to arrange for the conveyance:

 (i) to be removed from Australian territory; or

 (ii) to be destroyed in a manner specified in the notice;

  within the period specified in the notice.

 (4) However, a notice is not required to be given under subsection (3) if either:

 (a) a biosecurity officer:

 (i) has not been able, despite making reasonable efforts, to locate the owner or the operator of the conveyance; and

 (ii) has certified in writing to that effect; or