Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1978 No. 99 of 1978 - SECT 11

11. After section 10 of the Principal Act the following section is inserted in
Part III: Release of seized property
''10A. (1) Where any property is under the control of an officer pursuant to
the exercise by an officer of powers under section 10, the Minister or the
Secretary may direct that the property be released-

   (a)  in the case of a boat-to the owner or the master of the boat; and

   (b)  in any other case-to the owner of the property or to the person from
        whose possession the property was seized, or from whose control the
        property was removed, on such conditions (if any) as he thinks fit,
        including conditions as to the giving of security for payment of the
        value of the property if it is forfeited and for the payment of any
        fines that may be imposed under this Act in respect of offences that
        the Minister or the Secretary, as the case may be, has reason to
        believe have been committed with the use of, or in relation to, that
        property.

''(2) For the purposes of this section-

   (a)  a reference to property shall be read as including a reference to
        fish; and

   (b)  property shall be taken to be under the control of an officer if any
        person is, in relation to that property, subject to the directions of
        the officer.''.