South Australian Current Acts South Australian Current Acts28—Seizure etc of goods marked with official insignia
(1) If—
(a)
goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an
authorised officer suspects on reasonable grounds that the use of the insignia
has not been authorised by the Board,
the authorised officer may seize those goods.
(2) If goods have been
seized under this section and—
(a)
proceedings are not instituted for an offence against section 27(2) in
relation to the goods within 3 months of their seizure; or
(b)
after proceedings have been instituted and completed, the defendant is not
convicted,
the person from whom they were seized is entitled to recover—
(c) the
goods or, if they have been destroyed, compensation equal to the market value
of the goods at the time of their seizure; and
(d)
compensation for any loss suffered by reason of the seizure of the goods.
(3) An action for the
payment of compensation under subsection (2) may be brought against the
Board in any court of competent jurisdiction.
(4) The court by which
a person is convicted of an offence against this Act may order that goods to
which the offence relates be forfeited to the Crown.
(5) Any goods
forfeited to the Crown must be disposed of in such manner as the Minister may
direct and, if sold, the proceeds of the sale paid into the Consolidated
Account.