18Quarantine officer may withhold goods that are subject to charge

18 Quarantine officer may withhold goods that are subject to charge

(1) A quarantine officer may withhold goods that are subject to a charge created under section 16 because a quarantine charge or a late payment fee has not been paid. (2) The quarantine officer must give a written notice to the owner of the goods stating that: (a) the goods are withheld under this section; and (b) the goods may be sold under section 29 if the charge or fee has not been paid by the end of the day specified in the notice, which must be at least 30 days after the day the notice is given. (3) A failure to comply with subsection (2) does not affect the withholding of the goods or the exercise of powers under subsection (4) or (5). Powers for the purpose of withholding goods (4) For the purpose of withholding the goods, a quarantine officer may: (a) refuse to release the goods from quarantine; or (b) take possession of the goods. (5) For the purpose of withholding the goods, a quarantine officer may give any of the following directions to a person in charge of the goods: (a) a direction to secure the goods in a manner specified by the quarantine officer; (b) a direction not to move, deal with or interfere with the goods; (c) a direction to move the goods to a place specified by the quarantine officer; (d) any other direction relating to the movement of the goods.

Note: See also section 43 (general provisions relating to directions).

(6) A person who is given a direction under subsection (5) must comply with the direction. Offence (7) A person commits an offence if: (a) the person is given a direction under subsection (5); and (b) the person engages in conduct; and (c) the conduct contravenes the direction.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.