Seizure and forfeiture
66 Seizure and forfeiture
(1) An inspector may seize meat that the inspector believes on reasonable grounds:
to have originated from an animal slaughtered; or
to have been sold, or that is intended to be sold,
in contravention of this Act or meat into which such meat is intermixed.
Meat seized in pursuance of subsection (1):
(a) shall be delivered into the custody of the Chief Inspector or to a person authorised by the Chief Inspector for that purpose (an authorised person); or
may, on application by:
the person from whom the meat was seized; or
where that person is not the owner, by the owner,
be released to him or her under such sureties and conditions, including the entering into of a bond or other financial security to secure the payment of money, as the Chief Inspector specifies.
(3) Where, in the opinion of the Chief Inspector, meat may rot, spoil, or otherwise perish, the Chief Inspector may arrange for its sale or otherwise dispose of it as he or she thinks fit.
(4) Where, after reasonable enquiry at the time of seizure and within 90 days after that, the ownership of meat cannot be established, the meat seized shall be forfeited to the Territory and may be disposed of as directed by the Chief Inspector after that time.
(5) All meat seized in pursuance of subsection (1) and the proceeds, if any, from the sale of meat pursuant to subsection (3) (except where the meat has been released in pursuance of subsection (3) or the meat or proceeds have been forfeited to the Territory under subsection (4)), shall be held in the custody of the Chief Inspector or an authorised person until:
(a) a decision is made not to lay a complaint or charge in respect of the alleged offence for which the meat was seized; or
(b) where a complaint or charge is laid, upon the completion of proceedings in respect of the alleged offence for which the meat was seized, or such sooner time as the Court may determine.
(6) The decision whether or not to lay a complaint or charge in respect of an alleged offence in relation to which meat is seized under subsection (1) shall be made before 90 days after the day on which the meat is seized.
Where meat has been seized under subsection (1) then:
on a decision being made not to lay a complaint or charge; or
on the acquittal of a person charged with an offence,
the meat (if not disposed of), or the proceeds from the sale of the meat, shall forthwith be released from the custody of the Chief Inspector or authorised person to the person from whom it was seized or to the owner of the meat.
Where a person is convicted of an offence against this Act:
(a) the Court may, in addition to any other penalty which it may impose, on the application of the prosecutor, order that the meat in respect of which the conviction was imposed be forfeited to the Territory and disposed of as the Chief Inspector thinks fit; and
(b) the person shall be liable to pay to the Territory the reasonable costs of handling, securing, maintaining, and storing meat seized under subsection (1) as the Court thinks fit.
(9) For the purposes of this section, meat includes the body of an animal, a carcass, meat and meat products.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.