Fisheries Management Act 1994

This section applies to anything seized under this Part, other than a boat or motor vehicle.

If a thing has been seized under this Part, a fisheries officer must notify the owner of the thing in writing of the seizure if the owner was not present at the seizure and the owner’s business or residential address is known to or can be readily ascertained by the officer.

The notice must be given by delivering it to the owner personally or by delivering it or sending it by post to the owner’s business or residential address.

An owner of a thing seized under this Part may dispute the seizure by giving the Minister notice in writing to that effect—

not later than 28 days after notification of the seizure has been given to the owner in accordance with this section, or

in a case where the owner is not notified of the seizure, not later than 28 days after seizure.

If—

the owner of a thing seized under this Part does not dispute the seizure in accordance with this section, and

no relevant proceedings have been commenced in connection with the alleged offence within 28 days after seizure,

If—

the owner of any thing seized under this Part disputes the seizure in accordance with this section, and

no relevant proceedings have been commenced in connection with the alleged offence within 28 days after seizure,

If proceedings are brought before the Local Court for an order that the thing be forfeited, the Local Court must—

if satisfied that the thing seized is liable to be forfeited, order that the thing be forfeited, or

if not so satisfied, order that the thing be returned to its owner.

In this section, relevant proceedings means proceedings which could result in the forfeiture of a thing under section 271 (Conviction to operate as forfeiture of things (other than boats and motor vehicles)).