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ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 48 Retention and disposal of seized property

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 48

Retention and disposal of seized property

48 Retention and disposal of seized property

(1) In this section,
"prescribed period" , in relation to any substance or container seized under section 45 (1) (h), means the period of 6 months commencing from the time of seizure of the substance or container or any other period fixed by the Local Court in relation to the substance or container upon application made by or on behalf of the Minister in the prescribed manner.
(2) During the prescribed period any substance or container seized under section 45 (1) (h)--
(a) may be retained, or
(b) unless during the period the substance or container has been forfeited to the Crown under section 47, may be returned to the person from whom it was seized.
(3) A substance or container seized under section 45 (1) (h) shall, at the expiration of the prescribed period, be returned to the person from whom it was seized, or to the person who appears to the Authority to be its owner, unless--
(a) it was, during that period, forfeited to the Crown under section 47, or
(b) the Authority causes a notice to be advertised in the prescribed manner before the expiration of the prescribed period to the effect that application will be made on a specified day for forfeiture to the Crown of the substance or container.
(4) Where a notice is advertised under subsection (3), the substance or container to which the advertisement relates shall, forthwith after the application referred to in the advertisement has been withdrawn or determined, be returned to the person from whom it was seized, or to the person who appears to the Authority to be the owner, unless the substance or container has been forfeited to the Crown.