New South Wales Consolidated Acts

STOCK MEDICINES ACT 1989 - SECT 52

52 Retention and disposal of seized property

(1) In this section, "prescribed period" for any substance, article or container seized under section 50 (1) (e) means the period of 12 months commencing from the time of seizure of the substance, article or container and includes any extension of that period granted under this section.

(2) During the prescribed period any substance, article or container seized under section 50 (1) (e) may be retained or may be returned to the person from whom it was seized (unless it has been forfeited to the Crown).

(3) At the expiration of the prescribed period, a substance, article or container seized under section 50 (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 has been forfeited to the Crown, or

(b) before the end of the prescribed period, the Director-General causes a notice to be advertised in the prescribed manner to the effect that application will be made on a specified day (after the end of the prescribed period) for its forfeiture to the Crown.

(4) As soon as practicable after the day specified in the notice, the substance, article or container to which any such notice relates 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 it is forfeited to the Crown.

(5) The Local Court may extend the prescribed period for any substance, article or container on application by or on behalf of the Minister.

(6) The Local Court may order the return of any substance, article or container seized under section 50 (1) (e) to the owner or person from whom it was seized on the application of the owner or person.