RADIATION PROTECTION AND CONTROL ACT 2021 - SECT 71
RADIATION PROTECTION AND CONTROL ACT 2021 - SECT 71
71—Provisions relating to seizure
(1) A
seizure order—
(a) must
be in the form of a notice given in the prescribed manner to the owner or
person in control of the thing to which the order relates; and
(b) may
be varied or revoked by further notice given in the prescribed manner.
(2) If a seizure order
is issued, a person who removes or interferes with the thing to which the
order relates without the approval of the Minister 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: $50 000.
(3) If a thing has
been seized or made subject to a seizure order, 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 Minister, on
application, authorises its release to the person from whom it was seized, or
to any person who had legal title to it at the time of its seizure, subject to
such conditions as the Minister thinks fit (including conditions as to the
giving of security for satisfaction of an order under paragraph (b)(ii));
(b) if
proceedings for an offence against this Act relating to the thing are
instituted within the prescribed period after its seizure or the issuing of
the seizure order and the defendant is convicted or found guilty of the
offence, the court may—
(i)
order that it be forfeited to the Minister; or
(ii)
where it has been released pursuant to paragraph (a)
or is the subject of a seizure order—order that it be forfeited to the
Minister or that the person to whom it was released or the defendant pay to
the Minister an amount equal to its market value at the time of its seizure or
the issuing of the seizure order, as the court thinks fit;
(i)
proceedings are not instituted for an offence against
this Act relating to the thing within the prescribed period after its seizure
or the issuing of the seizure order; or
(ii)
proceedings have been so instituted and—
(A) the defendant is found not guilty of
the offence; or
(B) the defendant is convicted or found
guilty of the offence but no order for forfeiture is made under
paragraph (b),
then—
(iii)
in the case of a thing seized—the person from whom
the thing was seized, or any person with legal title to it, is entitled to
recover from the Minister (if necessary, by action in a court of competent
jurisdiction) the thing itself, or if it has been damaged or destroyed,
compensation of an amount equal to its market value at the time of its
seizure; or
(iv)
in the case of a thing subject to a
seizure order—the order is discharged.
(4) In
subsection (3)—
"the prescribed period" means 12 months or such longer period as the
ERD Court may, on application by the Minister, allow.