Commonwealth Numbered Acts

HORTICULTURAL LEGISLATION AMENDMENT ACT 1989 No. 46 of 1989 - SECT 28

28. After section 12 of the Principal Act the following section is inserted:
Seizure

"12A. (1) An authorised person may seize anything that he or she believes on
reasonable grounds will afford evidence of the contravention of a provision of
this Act.

"(2) The authorised person may retain the thing seized:

   (a)  for 60 days after the seizure; or

   (b)  if proceedings in which the thing may afford evidence are commenced
        within that period, until the proceedings (including any appeal) are
        completed or terminated.

"(3) The Minister may authorise anything seized under subsection (1) to be
released to the owner, or to the person from whose possession the thing was
seized, either unconditionally or on such conditions as are specified in the
authority.

"(4) Subsection (3) does not apply to anything while it is being held by a
court as evidence in proceedings."