New South Wales Consolidated Acts

TIMBER MARKETING ACT 1977 - SECT 27A

27A Notice of seizure

(1) A person authorised under section 27 (1) may issue a notice of seizure in respect of any timber or article if the person suspects on reasonable grounds that there has been a contravention of this Act or the regulations in respect of the timber or article.

(2) A notice of seizure takes effect:

(a) on service of the notice on a person who appears to have possession, care or control of the timber or article,

(b) on the affixing of the notice or a copy to the timber or article, or

(c) on the placing of a distinctive mark on the timber or article indicating that the notice has been issued in respect of it.

(3) A notice of seizure ceases to have effect:

(a) if proceedings for an offence in respect of the timber or article are not commenced within a period of 30 days after the notice takes effect-at the end of that period, or

(b) if proceedings for an offence in respect of the timber or article are commenced within a period of 30 days after the notice takes effect-at the end of the proceedings,

or, in either case, at such earlier time as the Commission determines.

(4) A person shall not, without the permission of the Commission, remove or interfere with timber or an article in respect of which a notice of seizure has effect.

(5) Subject to subsection (4), a notice of seizure does not have any effect in respect of the property in, or the responsibility for the care or control of, the timber or article in respect of which it is issued.

(6) If a notice of seizure is issued in respect of any timber or article and a person is subsequently found guilty of an offence under this Act in respect of the timber or article, a person who, within 6 months after the notice ceases to have effect, removes the timber or article from the place at which it was when the notice was issued shall inform the Commission forthwith of the destination of the timber or article.

(7) It is a defence to a prosecution under subsection (6) if the defendant proves that the defendant did not know and could not reasonably be expected to have known that a notice of seizure had been in force in respect of the timber or article.

(8) No matter or thing done by the Commission or an authorised person shall, if the matter or thing was done in good faith for the purpose of executing the provisions of subsections (1)-(4), subject the Crown, the Commission or an authorised person to any action, liability, claim or demand.