PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 36 Notice of seizure

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 36

  (1)   In this section, appropriate person means the Minister or a person designated by the Minister in writing for the purposes of this section.

  (2)   Subject to this section, as soon as practicable after a protected object has been seized by an inspector under this Act, the inspector shall serve on the owner, or the person who had the possession, custody or control of the object immediately before it was seized, a notice in writing:

  (a)   identifying the object and the date of the seizure;

  (b)   setting out the reasons for the seizure;

  (c)   setting out the terms of the provisions of subsection   37(1); and

  (d)   where subsection   (5) applies--setting out the terms of the provisions of that subsection and specifying, and setting out the address of, an appropriate person and stating that any notice under that subsection is to be given to that person.

  (3)   An inspector is not required to serve a notice under subsection   (2) if, after making such inquiries as the inspector thinks appropriate, the inspector does not have sufficient information to do so.

  (4)   Where:

  (a)   a notice under subsection   (2) has not been served in respect of an object seized by an inspector under this Act; and

  (b)   within 30 days after the day on which the object was seized, a person who claims to be a person entitled to be served with such a notice gives an appropriate person sufficient information, in writing, to enable the notice to be served;

the appropriate person shall forthwith convey that information to the inspector.

  (5)   Where a protected object has been seized on the grounds that it is liable to forfeiture by virtue of subsection   9(2) or 14(1) and a notice under subsection   (2) is served in respect of the object, the object is forfeited unless, within 30 days after the service of the notice, the owner, or the person who had possession, custody or control of the object immediately before it was seized:

  (a)   gives notice, in writing, to the appropriate person specified in the notice under subsection   (2) claiming the object; or

  (b)   brings an action for recovery of the object.

  (6)   Where, at the end of the period of 30 days after the day on which a protected object was seized under this Act:

  (a)   a notice has not been served in respect of the object under subsection   (2); and

  (b)   a person claiming to be a person entitled to be served with such a notice has not given an appropriate person sufficient information to enable the notice to be served;

the object is forfeited.

  (7)   Where notice is given under subsection   (5) to the appropriate person, the appropriate person shall serve on the person who gave the notice a notice, in writing, setting out the terms of the provisions of subsection   (8).

  (8)   Where:

  (a)   a notice is given to a person under subsection   (7) in relation to an object; and

  (b)   the person does not, within 4 months after the service of the notice, bring an action for recovery of the object;

the object is forfeited.