New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 79

79 Dealing with seized things

(1) A court may order the forfeiture of a thing seized under this Division in connection with an offence if the court finds a person guilty of the offence.

(2) The owner of anything seized under this Division may dispute the seizure by giving notice to that effect in writing to the Minister within 28 days after becoming aware of the seizure.

(3) If the seizure of a thing is so disputed by the owner, the thing is to be returned to the owner (or the person from whom it was seized) unless--

(a) proceedings have been instituted for an offence in connection with which the court may order the thing to be forfeited, or

(b) proceedings have been instituted under this section for the forfeiture of the thing.

(4) An authorised officer may institute proceedings in the Local Court for the forfeiture of a thing seized under this Division and the Local Court may order the forfeiture of the thing if satisfied it was duly seized under this Division.

(5) Anything that is forfeited under this section (or the proceeds of its sale) becomes--

(a) in the case of proceedings instituted by an authorised officer who is an employee of the Corporation--the property of the Corporation, or

(b) in any other case--the property of the State.