Safe Drinking Water Act 2011

A seizure order issued by an authorised officer under this

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.

If 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 an enforcement agency 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: Maximum penalty: $25 000.

If 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 an enforcement agency—

on application, authorises its release to the person from whom it was seized or any person who had a right to possession of it at the time of its seizure subject to such conditions as the enforcement agency thinks fit, including conditions as to the giving of security for satisfaction of an order under paragraph (b)(i)(B); or

orders that it be forfeited to the enforcement agency;

if proceedings for an offence against this Act related to the thing are instituted within the prescribed time of its seizure or the issuing of the seizure order and the person charged is found guilty of the offence, the court must consider the question of forfeiture and may—

if the thing seized has not been forfeited by order of an enforcement agency under paragraph (a)(ii)—

order that it be forfeited to an enforcement agency;

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

make no order for forfeiture; or

if the thing seized has been forfeited by order of an enforcement agency under paragraph (a)(ii)—

confirm the order for forfeiture; or

quash the order for forfeiture, as the court considers appropriate in the circumstances;

if—

the thing has not been released pursuant to paragraph (a)(i); and

proceedings for an offence against this Act related to the thing—

are not instituted within the prescribed time after its seizure or the issuing of the seizure order; or

are so instituted and the person charged is not found guilty of the offence; or

are so instituted and the person charged is found guilty of the offence but either no order for forfeiture is made under paragraph (b)(i) or an order is made under paragraph (b)(ii) quashing the order for forfeiture, the person from whom the thing was seized or any person who had a right to possession of it at the time of its seizure is entitled to recover, by action in any court of competent jurisdiction—

if the thing seized has not been forfeited by order under paragraph (a)(ii)—the thing itself, or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure; or

if the thing seized has been forfeited by order under paragraph (a)(ii)—compensation of an amount equal to its market value at the time of its seizure or, if it has been sold, the amount realised by its sale, and any seizure order is discharged;

if the thing seized is forfeited under this section, it may be disposed of by sale, destruction or otherwise as an enforcement agency directs.

In this section—