Australian Capital Territory Numbered Acts

FOOD ACT 2001 - SECT 57

    (1)     A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—

        (a)     an infringement notice for an offence relating to the thing is not served on its owner within 6 months after the day of the seizure and either—

              (i)     a prosecution for an offence relating to the thing is not begun within the 6 month period; or

              (ii)     a prosecution for an offence relating to the thing is begun within the 6 month period and the court does not find the offence proved; or

        (b)     an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, the infringement notice is withdrawn and either—

              (i)     a prosecution for an offence relating to the thing is not begun within 6 months after the day of the seizure; or

              (ii)     a prosecution for an offence relating to the thing is begun within 6 months after the day of the seizure and the court does not find the offence proved; or

        (c)     an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, liability for the offence is disputed in accordance with section 122 (Disputing liability for infringement notice offence) and either—

              (i)     the chief health officer does not lay an information in the Magistrates Court against the person for the offence within 60 days after being given notice under section 122 that liability is disputed; or

              (ii)     the Magistrates Court does not find the offence proved; or

        (d)     before the thing is forfeited to the Territory under section 61 (Forfeiture of seized things), the chief health officer—

              (i)     becomes satisfied that there has been no offence against this Act with which the thing was connected; or

              (ii)     decides not to prosecute the offence.

    (2)     However, this section does not apply—

        (a)     to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc); or

        (b)     if the chief health officer believes, on reasonable grounds, that the only practical use of the thing in relation to a food business would be an offence under this Act.