Victorian Consolidated Regulations

FOOD (FORMS AND REGISTRATION) REGULATIONS 2015 - SCHEDULE 2

Schedule 2—Application for an order directing the release of a detained article

Regulation 7

Food Act 1984

Food (Forms and Registration) Regulations 2015

APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF A DETAINED ARTICLE

In the Magistrates' Court of Victoria at [ venue ]

I, [ name ]

of [ address ]

apply for an order directing the release from detention of the article(s) described below and seized on [date] at [ address ] and detained by an authorized officer under section 21 of the Food Act 1984 .

Description of article(s):

Name of authorized officer who seized and detained the article(s):

Grounds(s) for the application:

Signature:

Date:

Note:

1.         Any application for an order directing the release of any detained article(s) must be made within 7 days after the seizure of that article.

2.         You must immediately give a copy of this application to the authorized officer responsible for the seizure and detention of the article(s).

3.         The Magistrates' Court shall disallow the seizure and direct the release of the article(s) if the Court is satisfied that:

(a)     the authorized officer did not have reasonable grounds for believing that the article(s) was in contravention of a provision of the Food Act 1984 ; or

(b)     the article(s) was not in contravention of any provision of the Food Act 1984 .