New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 105

105 Definitions

(1) In this Division--

"owner" of a thing includes a person entitled to possession of the thing.

"responsible person" for a seized thing means the apparent owner of the thing or the apparent occupier of premises at which the thing is seized.

"seized thing" means a thing seized by an authorised officer under this Part.

(2) For the purposes of the Division, the continued retention of a seized thing in custody is
"not justified" if and only if--

(a) it is not or is no longer necessary to retain the thing to prevent, eliminate or minimise a biosecurity risk posed by or in relation to the thing, and

(b) it is not or is no longer necessary to retain the thing as evidence of an offence.