Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 456AA

  (1)   This section applies if:

  (a)   an authorised officer has power to seize a thing (a seizable thing ) under another provision of this Part; and

  (b)   the seizable thing is in a cage or container; and

  (c)   the authorised officer considers that it is not reasonably practicable to seize the seizable thing without also seizing the cage or container.

  (2)   For the purpose of seizing the seizable thing and despite any other provision of this Part, the authorised officer may seize the cage or container containing the seizable thing (whether or not the cage or container also contains any other thing).

  (3)   The seizure of the seizable thing is taken to occur under the provision mentioned in paragraph   (1)(a) (not under this section).

Note:   The provisions governing the retention and return of the seizable thing are therefore the provisions that usually govern the seizure of a thing under the provision mentioned in paragraph   (1)(a).

  (4)   If:

  (a)   an authorised officer seizes a cage or container; and

  (b)   the seizure of the cage or container is authorised by this section, and is also authorised by another provision of this Part;

then the seizure is taken be under this section, rather than under that other provision (subject to subsection   456AB(5)).