89—Provisions relating to seizure
(1) A seizure order
under this Division—
(a) must
be in the form of a written notice served on the owner or person in control of
the thing to which the order relates; and
(b) may
be varied or revoked by further such written notice.
(2) Where a seizure
order is issued under this Division, a person who removes or interferes with
the thing to which the order relates without the approval of the Authority
before an order is made under subsection (3)(b) in respect of the thing
or the seizure order is discharged under subsection (3)(c) is guilty of
an offence.
Maximum penalty: $4 000.
(3) Where a thing has
been seized or made subject to a seizure order under this Division the
following provisions apply:
(a) the
thing must, if it has been seized, be held pending proceedings for an offence
against this Act related to the thing seized, unless the Authority, on
application, authorises its release to the person from whom it was seized, or
to any person who had legal title to it at the time of its seizure, subject to
such conditions as the Authority thinks fit (including conditions as to the
giving of security for satisfaction of an order under paragraph (b)(ii));
(b)
where proceedings for an offence against this Act relating to the thing are
instituted within the prescribed period after its seizure or the issuing of
the seizure order and the defendant is convicted or found guilty of the
offence, the court may—
(i)
order that it be forfeited to the Authority; or
(ii)
where it has been released pursuant to paragraph (a)
or is the subject of a seizure order—order that it be forfeited to
the Authority or that the person to whom it was released or the defendant pay
to the Authority an amount equal to its market value at the time of its
seizure or the issuing of the seizure order, as the court thinks fit;
(i)
proceedings are not instituted for an offence against
this Act relating to the thing within the prescribed period after its seizure
or the issuing of the seizure order; or
(ii)
proceedings have been so instituted and—
(A) the defendant is found not guilty of
the offence; or
(B) the defendant is convicted or found
guilty of the offence but no order for forfeiture is made under
paragraph (b),
then—
(iii)
in the case of a thing seized—the person from whom
the thing was seized, or any person with legal title to it, is entitled to
recover from the Authority (if necessary, by action in a court of competent
jurisdiction) the thing itself, or if it has been damaged or destroyed,
compensation of an amount equal to its market value at the time of its
seizure; or
(iv)
in the case of a thing subject to a seizure
order—the order is discharged.
(4) In
subsection (3)—
"the prescribed period" means six months or such longer period as the
Environment, Resources and Development Court may, on application by the
Authority, allow.