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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 447 Direction to deliver seizable items

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 447

Direction to deliver seizable items

  (1)   An authorised officer may direct a person to deliver to the officer, or to another person specified in the direction, a thing that the officer is authorised to seize under a warrant issued under Division   4 or under section   445.

  (2)   The direction must:

  (a)   be in writing; and

  (b)   be given to the person who is directed to deliver the thing, who must be:

  (i)   if the thing is a vessel--the person in charge of the vessel, or the vessel's owner; or

  (ii)   if the thing is an aircraft--the person in charge of the aircraft; or

  (iii)   otherwise--the person in possession of the thing; and

  (c)   specify the place at which the delivery is to occur; and

  (d)   specify the period within which the delivery is to occur.

  (3)   A person must not fail to comply with a direction under this section.

Penalty:   Imprisonment for 12 months or 60 penalty units, or both.

  (4)   This Part   applies to a thing delivered in compliance with a direction under this section as if the thing had been seized under the warrant or section that authorised the officer to seize the thing.

  (5)   A direction made under subsection   (1) is not a legislative instrument.

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