AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 54G Retention and return of seized documents or things

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 54G

    (1)     If an authorised officer seizes a document or other thing under this Part, the authorised officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

S. 54G(2) amended by No. 22/2022 s. 14(2).

    (2)     If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless—

        (a)     proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

        (b)     the Magistrates' Court makes an order under section 54H extending the period during which the document or thing may be retained.

    (3)     This section does not apply to—

        (a)     a sample taken by an authorised officer in the exercise of a power under this Part; or

        (b)     a chemical product, fertiliser or stock food seized under section 57 if the sale or use of the chemical product, fertiliser or stock food is prohibited under this Act or the regulations or an Order under this Act.

S. 54H inserted by No. 55/2001 s. 20.