Victorian Current Acts

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FISHERIES ACT 1995 - SECT 106AA

Actions that may be taken in the case of seized things subject to automatic forfeiture

    (1)     If an authorised officer seizes any thing under this Act, which is subject to forfeiture to the Crown under section 106(1) or (1A), any of the following actions may be taken

        (a)     the officer may give a disposal notice that complies with section 106AB to the owner of the thing, or the person who had possession, control or custody of the thing, immediately before it was seized;

S. 106AA(1)(b) amended by No. 68/2016 s. 102.

        (b)     the chief executive officer or an authorised officer may apply under section 106AE to a court for a condemnation order in respect of the thing;

        (c)     the thing may be disposed of as the Minister directs.

    (2)     Nothing in this section affects any other power to dispose of a thing under this Act.

Note

Under section 107(1) seized live fish or protected aquatic biota may be returned to their natural habitat by an authorised officer if the officer thinks it appropriate and practicable to do so.

S. 106AB inserted by No. 21/2011 s. 6.



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