South Australian Consolidated Acts South Australian Consolidated Acts (1) A seizure order
under this Part—
(a) must
be in the form of a written notice served on the owner or person in control of
the thing to which the order relates; and
(b) may
be varied or revoked by further such written notice.
(2) If a seizure order
is issued under this Part, a person who removes or interferes with the thing
to which the order relates without the approval of an enforcement agency
before an order is made under subsection (3)(b) in respect of the thing
or the seizure order is discharged under subsection (3)(c) is guilty of
an offence.
Maximum penalty: $20 000.
(3) If a thing has
been seized or made subject to a seizure order under this Part, the following
provisions apply:
(a) the
thing must, if it has been seized, be held pending proceedings for an offence
against this Act related to the thing seized, unless the enforcement
agency—
(i)
on application, authorises its release to the person from
whom it was seized or any person who had a right to possession of it at the
time of its seizure subject to such conditions as the enforcement agency
thinks fit, including conditions as to the giving of security for satisfaction
of an order under paragraph (b)(i)(B); or
(ii)
in the case of food or any other perishable thing, orders
that it be forfeited to the enforcement agency; and
(b) if
proceedings for an offence against this Act related to the thing are
instituted within the prescribed time of its seizure or the issuing of the
seizure order and the person charged is found guilty of the offence, the court
must consider the question of forfeiture and may—
(i)
if the thing seized has not been forfeited by order of an
enforcement agency under paragraph (a)(ii)—
(A) order that it be forfeited to an
enforcement agency; or
(B) if it has been released pursuant to
paragraph (a)(i), order that it be forfeited to an enforcement agency or
order that the person to whom it was released pay an amount equal to its
market value at the time of its seizure, as the court thinks fit; or
(C) make no order for forfeiture; or
(ii)
if the thing seized has been forfeited by order of an
enforcement agency under paragraph (a)(ii)—
(A) confirm the order for forfeiture; or
(B) quash the order for forfeiture,
as the court considers appropriate in the circumstances; and
(c)
if—
(i)
the thing has not been released pursuant to
paragraph (a)(i); and
(ii)
proceedings for an offence against this Act related to
the thing—
(A) are not instituted within the
prescribed time after its seizure or the issuing of the seizure order; or
(B) are so instituted and the person
charged is not found guilty of the offence; or
(C) are so instituted and the person
charged is found guilty of the offence but either no order for forfeiture is
made under paragraph (b)(i) or an order is made under
paragraph (b)(ii) quashing the order for forfeiture,
the person from whom the thing was seized or any person who had a right to
possession of it at the time of its seizure is entitled to recover, by action
in any court of competent jurisdiction—
(iii)
if the thing seized has not been forfeited by order under
paragraph (a)(ii)—the thing itself, or, if it has deteriorated or
been destroyed, compensation of an amount equal to its market value at the
time of its seizure; or
(iv)
if the thing seized has been forfeited by order under
paragraph (a)(ii)—compensation of an amount equal to its market
value at the time of its seizure or, if it has been sold, the amount realised
by its sale,
and any seizure order is discharged; and
(d)
despite paragraph (c), if any food or other perishable thing is seized in
relation to an expiable offence and the offence is expiated—
(i)
the food or other perishable must, if it has not already
been forfeited by order of an enforcement agency under paragraph (a)(ii),
be dealt with in accordance with any determination of the Minister (which may
include a determination that it be forfeited to the Crown or to an enforcement
agency); and
(ii)
no compensation may be recovered in respect of the food
or other perishable thing by any person; and
(e) if
the thing seized is forfeited under this section, it may be disposed of by
sale, destruction or otherwise as an enforcement agency directs.
(4) In this
section—
"prescribed time" means the period of six months, or such longer period as a
magistrate may allow.