FISHERIES ACT 1994 - SECT 161
Chief executive may return seized things etc.
FISHERIES ACT 1994 - SECT 161
Chief executive may return seized things etc.
161 Chief executive may return seized things etc.
(1) The chief executive may return anything seized under this Act to its
owner.
(2) If fisheries resources seized under this Act are sold by the chief
executive, the chief executive may return the net proceeds of sale to the
owner of the fisheries resources.
(3) The chief executive may return the
thing or net proceeds of sale to its owner on conditions, including conditions
to ensure that the thing or net proceeds of sale are available for forfeiture.
(4) If the thing or net proceeds of sale are not ordered to be forfeited to
the State, the chief executive must return any property or security taken by
the chief executive under a condition imposed under subsection (3) at the end
of—
(a) 6 months after the seizure; or
(b) if a prosecution for an offence
involving the thing or fisheries resources is started within the 6
months—the prosecution for the offence and any appeal from the prosecution.
