Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to food that:
(a) has been identified in an imported food inspection advice as failing food; and
(b) is required, under that advice, to be treated, destroyed or re - exported from Australia.
(2) If an imported food inspection advice, given in respect of food to which this section applies, permits the treatment of the food so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer may, by notice in writing given to the owner of the food:
(a) require the owner to treat the food in a specified manner or in a manner to be agreed between the owner and the authorised officer so as to enable it to be brought into compliance with the Act or to be so used; or
(b) if the owner is unable or unwilling so to treat the food, require either:
(i) the destruction of the food in a manner specified in the notice or to be agreed between the owner and the authorised officer; or
(ii) the destruction of the food in a manner specified in the notice or agreed between the owner and the authorised officer or the re - exportation of the food.
(3) If an imported food inspection advice requires the destruction of food to which this section applies, an authorised officer may, by notice in writing given to the owner of the food, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer.
(4) If an imported food inspection advice requires the destruction or re - exportation of food to which this section applies, an authorised officer may, by notice in writing given to the owner of the food, require either:
(a) its destruction in a manner specified in the notice or a manner to be agreed between the owner and the authorised officer; or
(b) its re - exportation.
(5) A permission to treat or a requirement to destroy or re - export failing food in a notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the food has been identified as failing food and to any difficulties associated with arranging for its treatment, destruction or re - exportation) within which that treatment, destruction or re - exportation is to be completed.
(6) If the owner of food arranges for a treatment, destruction or re - exportation in accordance with a notice under subsection (2), (3) or (4), that treatment, destruction or re - exportation may be supervised by an authorised officer.
(7) If the owner of food that is required in a notice under subsection (2), (3) or (4) to be destroyed or re - exported refuses or fails to arrange for the destruction or re - exportation of the food in accordance with the notice, the food to which the notice relates is forfeited to the Commonwealth.
(8) The owner of food that is required in a notice under subsection (2), (3) or (4) to be destroyed or re - exported must not intentionally refuse or fail to comply with the requirement to destroy or re - export that food.
(8A) Subsection (8) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (8A). See subsection 13.3(3) of the Criminal Code .
(9) If the food is forfeited to the Commonwealth under subsection (7), an authorised officer may:
(a) enter the premises at which the food is held; and
(b) seize the food and arrange for its destruction or other disposal.
(10) If food is forfeited to the Commonwealth under subsection (7) the Commonwealth is not liable to meet any charge associated with the storage of that food between the time of its forfeiture and the time when the food is destroyed or disposed of in accordance with subsection (9).
(11) If food is seized and destroyed or otherwise disposed of under subsection (9), the authorised officer who destroys the food must notify the owner of the food, within 21 days after the destruction or disposal takes place, that the food has been so destroyed or disposed of.
(12) The owner of food seized and destroyed or disposed of under subsection (9) is liable to reimburse the Commonwealth the costs reasonably incurred in seizing and destroying or disposing of the food.
(13) If the owner of food that is required in a notice under subsection (2), (3) or (4) to be destroyed or re - exported fails to comply with the requirement to destroy or re - export the food, the Secretary may direct, in writing, that authorised officers should not issue a food control certificate in respect of any other food imported into Australia by that owner.
(14) In this section:
"owner" , in relation to food that is permitted to be treated or required to be destroyed or re - exported, means a person having a beneficial interest in the food other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien over the goods.