72Destruction etc. of noxious weeds

72 Destruction etc. of noxious weeds

(1) If the Secretary considers on reasonable grounds that a person has contravened section 71, the Secretary may—

(a) by instrument served on the person, direct the person to remove the noxious weed from any infested goods or destroy the noxious weed; or

(b) remove any part of a noxious weed from infested goods or destroy any part of a noxious weed found on infested goods.

(2) In an instrument under subsection (1)(a) the Secretary may direct the action to be taken immediately or within a time stated in the instrument.

S. 72(3) amended by No. 61/2003 s. 21(1).

(3) A person served with an instrument under subsection (1)(a) must comply with it.

S. 72(3A) inserted by No. 61/2003 s. 21(2).

(3A) A person served with an instrument under subsection (1)(a) must without delay advise the Secretary when he or she has complied with it.

(4) The Secretary may recover the cost of removing or destroying noxious weeds from the person who has contravened section 71.

(5) In an instrument under subsection (1)(a) the Secretary may direct a person to deliver infested goods to the Secretary to be impounded pending the removal or destruction of noxious weeds.

(6) The Secretary may impound infested goods pending the removal or destruction of noxious weeds under subsection (1)(b).

(7) The Secretary may recover the cost of impounding goods under this section as a debt in a court of competent jurisdiction.

S. 72(8) substituted by No. 22/2022 s. 35.

(8) In this section—

goods means any animal or part of an animal or any other item or thing referred to in section 71(1) to (17);

infested goods means any goods that contain or are carrying a noxious weed or any seeds or other part of a noxious weed capable of growing.

S. 73 repealed by No. 61/2003 s. 22.