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BIOSECURITY ACT 2015 - SECT 110
Forfeiture of seized thing
(1) The Secretary may, by order in writing, declare any seized thing to be
forfeited to the Secretary.
(2) The Secretary may make such an order only
if-- (a) the Secretary is satisfied that the continued retention of the thing
in custody is not justified, and
(b) the thing cannot be returned to its
owner.
(3) A thing cannot be returned to its owner if-- (a) the Secretary is
satisfied that it is not lawful for the owner of the seized thing to have
possession of the thing, or
(b) an authorised officer certifies in writing
that the authorised officer is unable to return the seized thing to its owner.
(4) The Secretary must give notice of the Secretary's intention to declare a
seized thing to be forfeited to the Secretary.
(5) The notice must be given
at least 21 days before the order is made.
(6) The Secretary gives notice
by-- (a) publishing the notice on the Department's website, and
(b) serving
the notice on the apparent owner of the thing.
(7) However, it is not
necessary to serve the notice on the apparent owner of the thing if an
authorised officer has certified in writing that the authorised officer is
unable to return the seized thing to its owner.
Note--: Notice of the
intention to make the declaration gives the owner of the thing an opportunity
to seek a court order for the return of the thing.
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