Section 447 — Environment Protection and Biodiversity Conservation Act 1999: 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.