ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 45

ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 45

45—Seizure and forfeiture of goods

        (1)         If—

            (a)         goods apparently intended for a commercial purpose are marked with official insignia; and

            (b)         an authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Minister,

the authorised officer may seize those goods.

        (2)         If goods have been seized under this section and—

            (a)         proceedings are not instituted for an offence against section 44(2) in relation to the goods within 3 months of their seizure; or

            (b)         after proceedings have been instituted and completed, the defendant is not convicted,

the person from whom they were seized is entitled to recover—

            (c)         the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and

            (d)         compensation for any loss suffered by reason of the seizure of the goods.

        (3)         An action for the payment of compensation under subsection (2) may be brought against the Minister in any court of competent jurisdiction.

        (4)         The court by which a person is convicted of an offence against section 44(2) may order that goods to which the offence relates be forfeited to the Crown.

        (5)         Any goods forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the ADS Fund.