Victorian Current Acts Victorian Current Acts(1) Where any dairy food has been seized or detained by an authorised officer under section 46(2)(d)—
(a) the dairy food must be kept and stored in, at or on, the premises or other place or vehicle where it was seized and detained or removed to any other suitable place and there kept and stored; and
(b) any person claiming the dairy food may within 7 days after the seizure or detention make application in writing to the Magistrates' Court for an order directing the authorised officer to release the dairy food.
(2) If an application is made to the Magistrates' Court the applicant must at the same time send a copy of the application to the authorised officer responsible for the seizure or detention of the dairy food.
(3) Upon hearing an application the Magistrates' Court—
(a) must if it is—
(i) satisfied that the dairy food is not unfit for human consumption, make an order disallowing the seizure or detention and directing the authorised officer to release the dairy food; or
(ii) satisfied that the dairy food is unfit for human consumption, refuse the application and make an order confirming the seizure or detention of the dairy food; and
(b) may make such order as it considers appropriate in respect of the costs of the proceedings and the costs and expenses of and incidental to the seizure or detention of the dairy food.
(4) If an application—
(a) is not made under subsection (1), upon the expiration of the period of 7 days after the seizure or detention; or
(b) is made under subsection (1) and the application is refused, upon that refusal—
the dairy food becomes the property of the Crown and is to be treated, destroyed or otherwise dealt with as directed in writing by the Authority.