Commonwealth Consolidated Acts Commonwealth Consolidated ActsDirections
(1) The Secretary may, by writing, direct an inspector to deal with a pressurised container seized under Part 3 of the Regulatory Powers Act (as that Part operates because of this Part), and its contents, in a manner specified in the direction. The inspector must comply with the direction.
(2) A direction under subsection (1) may require the pressurised container and its contents to be destroyed.
(3) A direction under subsection (1) may be given only:
(a) on application by an inspector; and
(b) if the Secretary is satisfied that the pressurised container:
(i) constitutes a danger to public health and safety; or
(ii) may cause damage to the environment.
(4) If the Secretary gives a direction under subsection (1), then sections 66 to 69 of the Regulatory Powers Act do not apply to the container or its contents.
(5) A direction under subsection (1) is not a legislative instrument.
Compensation
(6) If a pressurised container and its contents are destroyed under this section, the owner of the container may apply to a designated court for compensation.
(7) On application under subsection (6), the designated court must order the Commonwealth to pay compensation if the court is satisfied that the pressurised container is not, or did not contain, forfeitable goods.
(8) The amount of compensation ordered must be the market value of the pressurised container and its contents at the time they were destroyed.