New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 33J

33J Disposal of seized items

(1) If:

(a) no application for disallowance of the seizure of a seized item has been made within the period allowed by section 33I (1), or

(b) any such application has been made within that period and the application has been refused or withdrawn before a decision in respect of the application has been made,

the seized item is forfeited to the Crown and may be destroyed or disposed of in such manner as the Director-General directs.

(2) Subsection (1) does not apply in respect of any seized item that has been disposed of or destroyed as referred to in subsection (3) or (7).

(3) If the Director-General is satisfied that there has been no failure to comply with or contravention of this Act or the regulations in relation to any seized item, the Director-General must immediately cause the seized item to be delivered to such person as appears to the Director-General to be entitled to it.

(4) Subsection (3) does not apply in respect of any seized item that has been forfeited or destroyed as referred to in subsection (1) or (7).

(5) If:

(a) any seized item is forfeited to the Crown under this section because no application for disallowance of the seizure was made within the period allowed by section 33I (1), and

(b) the Director-General is satisfied that there has been no failure to comply with or contravention of this Act or the regulations in relation to the seized item, and

(c) 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,

the Director-General must immediately cause the seized item to be delivered to such person as appears to the Director-General to be the person who would, but for the forfeiture, have been entitled to it.

(6) If any seized item is delivered to a person in accordance with subsection (5), such proprietary and other interests as existed immediately before the forfeiture are revived.

(7) If an inspector who has seized any tissue or blood product under section 33B (2) (h) is satisfied on reasonable grounds that the tissue or blood product contains a prescribed contaminant, and the tissue or blood product is not required or is no longer required to be retained for the purposes of any legal proceedings, the inspector is to cause the tissue or blood product to be destroyed.

(8) In this section:
"seized item" means anything seized by an inspector under section 33B (2) (h).