New South Wales Consolidated Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 55

55 Disposal of seized items

(1) The Director-General must immediately cause a seized item (whether or not the item is forfeited to the Crown) to be delivered to such person as appears to the Director-General to be entitled to it, if:

(a) the Director-General becomes satisfied that there has been no contravention of this Act or the regulations in relation to the seized item, and

(b) the seized item has not been disposed of or destroyed in a manner that would prevent it from being dealt with in accordance with this subsection.

(2) A seized item is forfeited to the Crown and may be destroyed or disposed of in such manner as the Director-General directs if:

(a) no application for disallowance of the seizure of a seized item has been made within the period allowed by this Part, or

(b) an application has been made within that period and the application has been refused or withdrawn before a decision in respect of that application has been made, or

(c) the item is a sample of a substance taken for analysis or testing and the analysis or testing will damage or destroy the item.

(3) If any seized item is delivered to a person in accordance with subsection (1), such proprietary and other interests as existed immediately before the forfeiture are revived.