Biosecurity Act 2025

If a thing is subject to the operation of section 237(5), the following provisions apply:

the thing must be held pending a decision on whether to institute proceedings for an offence related to the thing seized, unless the

Chief Executive, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the

Chief Executive thinks fit (including as to the giving of security for satisfaction of an order under paragraph (b)(ii));

if proceedings for an offence relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of an offence, the court may—

order that it be forfeited to the Crown; or

where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit;

if—

proceedings are not instituted for an offence relating to the thing within the prescribed period after its seizure; or

proceedings have been so instituted and—

the defendant is found not guilty of the offence; or

the defendant is convicted or found guilty of an offence but no order for forfeiture is made under paragraph (b), then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this or any other Act;

if—

possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or

a thing is not liable for forfeiture under a preceding paragraph and the Chief Executive has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was seized, the

Chief Executive may deal with or dispose of the thing in such manner as the Chief Executive thinks fit.

Subsection (1) does not limit the operation of section 237(6).

In subsection (1)—

prescribed period means 12 months or such longer period as may be prescribed by the regulations.