Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (62 of 2015)

Schedule 4   Application, saving and transitional provisions commencing later

Part 2   Managing biosecurity risks: goods

Division 1   Goods brought into Australian territory or otherwise subject to quarantine

19   Goods that were required to be destroyed

(1) This item applies in relation to goods that:

(a) had been required under subsection 48AA(2) of the Quarantine Act to be destroyed; and

(b) are subject to biosecurity control because of item 3.

Ministerial approval not required

(2) If the goods could have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act, then the Biosecurity Act applies in relation to the goods as if:

(a) the goods were not high-value goods; and

(b) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed.

Ministerial approval required and given

(3) If:

(a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and

(b) the Minister's written approval had been given before the commencement day;

then the Biosecurity Act applies in relation to the goods as if:

(c) the goods were high-value goods; and

(d) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed.

Ministerial approval required and not given

(4) If:

(a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and

(b) the Minister's written approval had not been given before the commencement day;

then the Biosecurity Act applies in relation to the goods as if they were high-value goods.

Note: The goods may be required to be destroyed under section 136 of the Biosecurity Act.