Provisions relating to seizure
89 Provisions relating to seizure
A seizure order under this Division—
must be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and
may be varied or revoked by further such written notice.
Where a seizure order is issued under this Division, a person who removes or interferes with the thing to which the order relates without the approval of the Authority before an order is made under subsection (3)(b) in respect of the thing or the seizure order is discharged under subsection (3)(c) is guilty of an offence. Maximum penalty: $4 000.
Where a thing has been seized or made subject to a seizure order under this Division the following provisions apply:
the thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the
Authority, 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 Authority thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));
where proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—
order that it be forfeited to the Authority; or
where it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Authority or that the person to whom it was released or the defendant pay to the Authority an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit;
where—
proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; 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 the offence but no order for forfeiture is made under paragraph (b), then—
in the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Authority (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; or
in the case of a thing subject to a seizure order—the order is discharged.
In subsection (3)—
the prescribed period means six months or such longer period as the Environment, Resources and Development Court may, on application by the Authority, allow.
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