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FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 57G

Retention notices

    (1)     If an authorised officer believes on reasonable grounds that any thing has been taken or is being held in contravention of this Act or the regulations, the authorised officer may issue the person holding the thing with a notice requiring that person to keep the thing in the person's possession and not to sell or dispose of the thing.

    (2)     A notice under subsection (1)—

        (a)     must be in writing; and

        (b)     has effect for the period specified in the notice (which must not be more than 90 days after the issue of the notice); and

        (c)     may be cancelled by the authorised officer; and

        (d)     is subject to any terms and conditions specified in the notice; and

        (e)     must state the penalty for a failure to comply with the notice; and

        (f)     must state that the Secretary may extend the notice for an additional period.

    (3)     If the Secretary is of the opinion that it is reasonably necessary to do so, the Secretary may extend the period for which a notice has effect under subsection (2).

    (4)     The Secretary may extend the period of a notice under this section more than once.

    (5)     If the Secretary extends the period for which a notice has effect, the Secretary must, before the expiry of the notice period—

        (a)     notify the person to whom the notice is issued of the extension; and

        (b)     specify in the notice the period for which the extension is to have effect.

    (6)     The Secretary may cancel an extension of a notice under this section at any time.

    (7)     A person to whom a notice under this section has been issued must comply with the notice.

Penalty:     In the case of a natural person, 120 penalty units or 12 months imprisonment or both;

    In the case of a body corporate, 600 penalty units.

S. 57H inserted by No. 28/2019 s. 30.



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