202Authorised people—notice of proposed destruction

202 Authorised people—notice of proposed destruction (1) An authorised person must not destroy anything in the exercise of a function under this Act unless, before destroying the thing, the (a) gives written notice of the proposed destruction to the owner or person in charge of the thing; or (b) is satisfied that the owner or person in charge of the thing has already been given written notice of the proposed destruction. (2) The notice must be given at least 24 hours before the thing is destroyed.

(3) Subsection (1) does not apply if— (a) the destruction of the thing is authorised, or required, to be carried out immediately or without notice under— (ii) a control declaration; or (b) there appears to be no-one immediately in control of the thing, and the owner or person in charge cannot be found after reasonable inquiry; or (c) the authorised person reasonably believes that the thing must be destroyed without delay in order to manage an immediate and significant biosecurity risk posed by the thing, and it is not practicable to give notice before the thing is destroyed; or (d) in the case of an animal, the authorised person reasonably believes that delaying the destruction of the animal will cause unreasonable and unjustifiable pain or suffering to the animal; or (e) the authorised person considers that, in the circumstances, the destruction must be carried out without delay or prior notice to the owner or person in charge. (4) This section does not apply to the destruction of a thing that has been forfeited to the Territory.