20Treatment, destruction or re‑exportation of failing food

20 Treatment, destruction or re‑exportation of failing food

(1) This section applies to food that: (a) has been identified in an imported food inspection advice as failing food; and (b) is required, under that advice, to be treated, destroyed or re‑exported from Australia. (2) If an imported food inspection advice, given in respect of food to which this section applies, permits the treatment of the food so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer may, by notice in writing given to the owner of the food: (a) require the owner to treat the food in a specified manner or in a manner to be agreed between the owner and the authorised officer so as to enable it to be brought into compliance with the Act or to be so used; or (b) if the owner is unable or unwilling so to treat the food, require either: (i) the destruction of the food in a manner specified in the notice or to be agreed between the owner and the authorised officer; or (ii) the destruction of the food in a manner specified in the notice or agreed between the owner and the authorised officer or the re‑exportation of the food. (3) If an imported food inspection advice requires the destruction of food to which this section applies, an authorised officer may, by notice in writing given to the owner of the food, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer. (4) If an imported food inspection advice requires the destruction or re‑exportation of food to which this section applies, an authorised officer may, by notice in writing given to the owner of the food, require either: (a) its destruction in a manner specified in the notice or a manner to be agreed between the owner and the authorised officer; or (b) its re‑exportation. (5) A permission to treat or a requirement to destroy or re‑export failing food in a notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the food has been identified as failing food and to any difficulties associated with arranging for its treatment, destruction or re‑exportation) within which that treatment, destruction or re‑exportation is to be completed. (6) If the owner of food arranges for a treatment, destruction or re‑exportation in accordance with a notice under subsection (2), (3) or (4), that treatment, destruction or re‑exportation may be supervised by an authorised officer. (7) If the owner of food that is required in a notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑exportation of the food in accordance with the notice, the food to which the notice relates is forfeited to the Commonwealth. (8) The owner of food that is required in a notice under subsection (2), (3) or (4) to be destroyed or re‑exported must not intentionally refuse or fail to comply with the requirement to destroy or re‑export that food.