New South Wales Consolidated Acts

STOCK FOODS ACT 1940 - SECT 22

22 Retention and disposal of seized property

(1) In this section, "prescribed period", in relation to any substance, article or container seized under section 21 (1) (e), means:

(a) the period of 12 months commencing from the time of seizure of the substance, article or container, or

(b) any other period fixed by the Local Court in relation to the substance, article or container upon application by or on behalf of the Minister in the prescribed manner.

(2) During the prescribed period any substance, article or container seized under section 21 (1) (e):

(a) may be retained, or

(b) unless during that period the substance, article or container has been forfeited to the Crown under section 26, may be returned to the person from whom it was seized.

(3) At the expiration of the prescribed period, a substance, article or container seized under section 21 (1) (e) is to be returned to the person from whom it was seized, or to the person who appears to the Director-General to be its owner, unless:

(a) it was, during that period, forfeited to the Crown under section 26, or

(b) the Director-General 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 that occurs after the expiration of the prescribed period for forfeiture to the Crown of the substance, article or container.

(4) Where a notice is advertised under subsection (3), the substance, article or container to which the advertisement relates, as soon as practicable after the day specified in the advertisement, is to be returned to the person from whom it was seized, or to the person who appears to the Director-General to be the owner, unless the substance, article or container is forfeited to the Crown.