Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 449

Immediate disposal of seized items
(1)
If:

(a)
a thing is seized under this Division; and

(b)
it is reasonably likely that the retention of the thing would:

(i)
constitute a serious threat to the environment; or
(ii)
constitute a serious threat to the continued existence, in the wild, of a particular species of animal or of a particular species of plant; or
(iii)
result in the introduction of an alien species that represents a threat to ecosystems, habitats or other species; or
(iv)
constitute a danger to public health; or
(v)
in the case of a live organism—constitute a significant threat to the health of the organism;
the Secretary may cause the thing to be dealt with in such manner as the Secretary considers appropriate (including the destruction of the thing).

(2)
Subject to subsection (3), if a thing is dealt with in accordance with subsection (1), the Secretary must give to:

(a)
the owner of the thing; or

(b)
the person who had possession, custody or control of the thing immediately before it was seized;

a written notice:

(c)
identifying the thing; and

(d)
stating that the thing has been seized under this Division and giving the reason for the seizure; and

(e)
stating that the thing has been dealt with under subsection (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and

(f)
setting out the terms of subsection (4).

The notice must be given as soon as practicable after the thing is so dealt with.

(3)
The Secretary need not give a notice under subsection (2) about a thing if, after making such inquiries as the Secretary thinks appropriate, the Secretary does not, within 20 days after dealing with the thing, have sufficient information to enable the notice to be given.

(4)
If a thing is dealt with in accordance with subsection (1), the owner of the thing may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the thing at the time it was so dealt with. The action must be brought on the ground that the thing was not used or otherwise involved in the commission of an offence against this Act or the regulations.

Subdivision C—Court-ordered forfeiture


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