Victorian Consolidated Legislation

Food Act 1984 - SECT 26

Remedy in respect of articles seized

26. Remedy in respect of articles seized



(1) Where an article is seized and detained by an authorized officer under
section 21, any person claiming the article may within 7 days after the
seizure make application in the prescribed form to the Magistrates' Court for
an order directing the authorized officer to release from detention the
article seized by him.

(2) Where an application is made to the Magistrates' Court under subsection
(1), the applicant shall forthwith give to the authorized officer responsible
for the seizure and detention of the article in question a copy of the
application.

(3) Upon hearing an application under subsection (1) the Magistrates' Court-

   (a)  if it is satisfied that-

   (i)  the authorized officer responsible for the seizure and detention of
        the article did not have reasonable grounds for believing that the
        article was one by means of or in relation to which any provision of
        this Act had been contravened or not complied with; or

   (ii) the article was not one by means of or in relation to which any
        provision of this Act had been contravened or not complied with-

shall make an order disallowing the seizure and directing the authorized
officer to release the article from detention; or





   (b)  if it is not so satisfied, shall refuse the application and make an
        order confirming the seizure and detention of the article-

and may make such order as it thinks fit in respect of the costs and expenses
of and incidental to the removal and storage of the article seized.

(4) Where-

   (a)  an application is made under subsection (1) and the application is
        refused, then upon that refusal; or

   (b)  an application is not made under subsection (1), then upon the
        expiration of the period of 7 days after the seizure-

the article seized shall become the property of the Secretary or where the
authorized officer who seized the article is an environmental health officer
of a council, the property of that council, and shall be destroyed or
otherwise disposed of as the Secretary or the council (as the case requires)
directs.

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