Victorian Consolidated Legislation

Control of Genetically Modified Crops Act 2004 - SECT 15

Forfeiture of GM crops and GM crop related material

15. Forfeiture of GM crops and GM crop related material



(1) If the Magistrates' Court is satisfied, on an application by an
authorised officer, that the cultivation of a GM crop or a dealing with a
GM crop or GM crop related material is an offence against this Act, the Court
may order that the GM crop or GM crop related material is forfeited to
the Crown and is to be destroyed or disposed of as provided in the order.

(2) The Magistrates' Court may-

   (a)  give any directions; or

   (b)  authorise the Minister to give any appropriate directions-

that are necessary to give effect to the order.

(3) Without limiting the way in which evidence may be given on an application
under this section, the Magistrates' Court may inspect any place, process or
thing.

(4) An order under this section may be executed before the end of the period
for appealing against the decision to make the order if a sample of the thing
to be destroyed or disposed of is kept until-

   (a)  the end of that period; or

   (b)  if an appeal is lodged within that period, the determination of the
        appeal.