Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (125 of 2008)

Schedule 5   Investigation and enforcement

Part 1   Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Act 1999

57   After Subdivision A of Division 10 of Part 17

Insert:

Subdivision AC - Direction to deliver seizable items

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.