South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 70

70—Provisions relating to seizure

        (1)         If a thing has been seized under section 69(1)(o) or (p) the following provisions apply:

            (a)         the thing must be held pending proceedings for an offence against this Act related to the thing seized, unless the Chief Officer, 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 Chief Officer thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii) );

            (b)         if proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of the offence, the court may—

                  (i)         order that it be forfeited to the Crown; or

                  (ii)         where it has been released pursuant to paragraph (a) —order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit;

            (c)         if—

                  (i)         proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure; 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 the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (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, unless possession of the thing is (or would be) contrary to another provision of this Act;

            (d)         if—

                  (i)         possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or

                  (ii)         a thing is not liable for forfeiture under a preceding paragraph and the Chief Officer has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was received,

the Chief Officer may deal with or dispose of the thing in such manner as the Chief Officer thinks fit.

        (2)         Subsection (1) does not limit the operation of section 69(10) .

        (3)         In subsection (1) —

"the prescribed period" means 12 months or such longer period as the ERD Court may, on application by the Minister, allow.