64Destruction requirements

64 Destruction requirements

(1)  Subject to subsection (2) , an authorised officer may destroy a thing under this Act if –

(a) the thing is, or is reasonably suspected of being, prohibited matter; or

(b) the thing is, or is reasonably suspected of being, an invasive pest; or

(c) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter that poses a biosecurity risk and there is no reasonably practicable and available –

(i) treatment that could eliminate the biosecurity risk posed by the biosecurity matter; or

(ii) means of determining or confirming whether the thing is infected or infested with, or harbouring, the biosecurity matter; or

(d) the destruction is expressly authorised or required by –

(i) an emergency order; or

(ii) a control order; or

(iii) an emergency biosecurity direction; or

(iv) a Government biosecurity program; or

(v) a biosecurity control agreement; or

(vi) the regulations.

(2)  An authorised officer may not destroy a thing, or group of things, under this Part if the aggregate value of the thing, or group of things, is more than $5 000, or such other amount as is prescribed, unless –

(a) the destruction of the thing, or group of things, is specifically authorised under the regulations, a control order or an emergency order, regardless of the value of the thing or group of things; or

(b) his or her instrument of appointment specifically authorises the authorised officer to destroy, if required, things of a greater value; or

(c) the destruction of the thing, or group of things, is specifically authorised in writing by the Secretary, regardless of the value of the thing or group of things.

(3)  This section does not apply to an authorised officer destroying a thing that has been forfeited to the Crown, regardless of the value of the thing.