South Australian Current Acts South Australian Current Acts90—Provisions relating to things seized
(1) If a thing is
seized under this Part, the following provisions apply:
(a) the
thing seized must be held pending proceedings for an offence against this Act
related to the thing seized, unless the Minister—
(i)
on application, authorises its release to the person from
whom it was seized or a person who had legal title to it at the time of its
seizure, subject to such conditions as the Minister thinks fit (including
conditions as to the giving of security for satisfaction of an order under
paragraph (b)(i)(B)); or
(ii)
in the case of fish or another perishable thing, orders
that it be forfeited to the Crown;
(b) if
proceedings for an offence against this Act related to the thing seized are
commenced within the prescribed period after its seizure and the defendant is
found guilty of the offence, the court must consider the question of
forfeiture and—
(i)
if the thing seized has not been forfeited by order of
the Minister—
(A) order that it be forfeited to the
Crown; or
(B) where it has been released under
paragraph (a)(i), order that it be forfeited to the Crown or order that
the person to whom it was released pay to the Minister an amount equal to its
market value at the time of its seizure, as the court thinks fit; or
(C) make no order for forfeiture; or
(ii)
if the thing seized has been forfeited by order of the
Minister—
(A) confirm the order for forfeiture; or
(B) quash the order for forfeiture,
as the court considers appropriate in the circumstances;
(i)
the thing seized has not been released under
paragraph (a)(i); and
(ii)
proceedings for an offence against this Act related to
the thing seized—
(A) are not commenced within the
prescribed period after its seizure; or
(B) are commenced within the
prescribed period after its seizure and the defendant is not found guilty of
the offence; or
(C) are commenced within the
prescribed period after its seizure and the defendant is found guilty of the
offence but either no order for forfeiture is made under paragraph (b)(i)
or an order is made under paragraph (b)(ii) quashing the order for
forfeiture,
the person from whom the thing was seized or a person who had legal title to
it at the time of its seizure is entitled to recover, by action in a court of
competent jurisdiction—
(iii)
if the thing seized has not been forfeited by order of
the Minister—the thing itself or, if it has deteriorated or been
destroyed, compensation of an amount equal to its market value at the time of
its seizure; or
(iv)
if the thing seized has been forfeited by order of the
Minister—compensation of an amount equal to its market value at the time
of its seizure or, if it has been sold, the amount realised by its sale;
(d)
despite paragraph (c), if fish or another perishable thing is seized in
relation to an expiable offence and the offence is expiated—
(i)
the fish or other perishable thing is, if it has not
already been forfeited to the Crown by order of the Minister, forfeited to the
Crown by force of this paragraph; and
(ii)
whether it has been forfeited by order of the Minister or
under this paragraph, no compensation may be recovered in respect of the fish
or other perishable thing by a person;
(e) if
the thing seized is forfeited to the Crown under this section, it may be
disposed of by sale, destruction or otherwise as the Minister directs;
(f) if
compensation is payable under this subsection, the money required for that
purpose must be paid out of the Fund.
(2) Despite
subsection (1), if—
(a) a
fisheries officer finds a device for taking fish unattended and, under this
section, seizes the device and fish caught or trapped by the device; and
(b) the
owner of the device is unknown,
the following provisions apply:
(c) the
Minister may order that the fish (if any) be forfeited to the Crown, in which
case, the fish may be disposed of by sale, destruction or otherwise as the
Minister directs and any proceeds of sale must be paid into the Fund;
(d)
notice of the seizure of the device must be given in accordance with the
regulations;
(e) if,
after the expiration of 1 month from the giving of the notice, the owner
remains unknown and the Minister determines that there is reason to believe
that the device had been, was being, or was intended to be, used in
contravention of this Act, the Minister may order that it be forfeited to the
Crown, in which case it may be disposed of by sale, destruction or otherwise
as the Minister directs and any proceeds of sale must be paid into the Fund.
(3) In this
section—
"prescribed period" means 12 months or such longer period as the court may, on
application by the Minister, allow.