FISHERIES ACT 1994 - SECT 162
Obligation to return seized things (other than fisheries resources)
FISHERIES ACT 1994 - SECT 162
Obligation to return seized things (other than fisheries resources)
162 Obligation to return seized things (other than fisheries resources)
(1) This section applies if a thing (other than fisheries resources) is seized
under this Act.
(2) The chief executive must return the seized thing to its
owner at the end of—
(a) 6 months; or
(b) if a prosecution for an offence
involving the thing is started within the 6 months—the prosecution for the
offence and any appeal from the prosecution.
(3) Despite subsection (2) , the
chief executive must return the seized thing to its owner immediately if the
chief executive is not satisfied or stops being satisfied its retention as
evidence is necessary.
(4) However, the chief executive may keep the seized
thing if the chief executive believes, on reasonable grounds, the thing is
liable to forfeiture under this Act.
(5) This section does not require the
return of the thing if a court has ordered that the thing be forfeited to the
State.