New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 110

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.