SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 89A Retention and return or forfeiture of certain seized items

SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 89A

    (1)     This section applies if an authorised officer—

        (a)     seizes an item that the officer believes on reasonable grounds is a prohibited thing; and

        (b)     serves an infringement notice for an offence against section 77H on the person from whom the thing was seized.

    (2)     An authorised officer, as soon as practicable after seizing the thing, must inform the person from whom the thing was seized of that person's right to have it returned if a circumstance set out in subsection (4) occurs.

    (3)     An authorised officer must take reasonable steps to return the thing to the person within 90 days after a circumstance referred to in subsection (4) occurs.

    (4)     The circumstances are—

        (a)     an authorised officer withdraws the infringement notice without—

              (i)     referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the Infringements Act 2006 ; or

              (ii)     filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or

              (iii)     serving, on that person, an official warning (within the meaning of the Infringements Act 2006 ) in place of the infringement notice; or

S. 89A(4)(b) substituted by No. 47/2014 s. 314.

        (b)     the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or

        (c)     the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005 .

    (5)     Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006 , any prohibited thing that has been seized is forfeited to the Crown if—

        (a)     the person on whom the infringement notice has been served expiates that offence by payment of the infringement penalty in accordance with that Act; or

        (b)     payment of the infringement penalty is not made in accordance with section 14 or  15 of that Act and the person on whom the infringement notice has been served does not elect to have the matter of the infringement offence heard and determined in the Court in accordance with Part 2 of that Act.

S. 90 amended by Nos 11/2014 s. 11, 31/2022 s. 15.