Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An authorised
person who has reasonable grounds for believing that —
(a) any
agricultural produce, animal, plant, food, or other substance is being or has
been used, disposed of, or otherwise dealt with contrary to a notice under
section 7(1) or 8; or
(b) any
animal is being or has been grazed or plant is being or has been grown on land
contrary to a notice under section 7(2),
may seize that
agricultural produce, animal, plant, food or other substance and, where any
agricultural produce has been derived from any animal or plant involved in
such a contravention, may seize any agricultural produce so derived and may
remove anything so seized or require it to be kept at the place of seizure
until it is destroyed, disposed of, or otherwise dealt with, or is restored,
by or on behalf of an authorised person under subsection (2).
(2) Where anything is
seized under subsection (1), an authorised person may —
(a)
whether or not proceedings have been or are intended to be taken under this
Act in respect of the contravention resulting in the seizure, but subject to
subsection (3), declare anything so seized to be forfeited to the Crown
whereupon an authorised person may destroy, dispose of, or otherwise deal with
anything so seized or cause any of those things to be done; or
(b)
subject to such direction, if any, as he thinks fit to make under
section 7 or 8, restore anything so seized to the person from whom it was
seized,
and without affecting
the liability of any person to be proceeded against for an offence against
this Act or the recovery of a penalty in any such proceedings the authorised
person may recover the amount of the expenses thereby incurred as a debt due
from the person by reason of whose contravention the expenses were incurred.
(3) A declaration of
anything seized under subsection (1) to be forfeited shall not be made
under subsection (2)(a) before the expiry of the time within which an
application may be made in accordance with section 20 for a review of the
decision to seize that thing or, where an application has been so made, before
the determination of the application.
[Section 23 amended by No. 55 of 2004 s. 20.]