97Retention of substances and things seized

97 Retention of substances and things seized (1) The following provisions apply in relation to a substance or thing seized under section 95(1)(f) or (g) because the substance or thing is connected with an offence against this Act: (a) the substance or thing must be held by the chemical adviser for adducing evidence in a prosecution for an offence against this Act unless the Chemicals Coordinator authorises the release of the substance or thing to its owner or the person who had possession of the substance or thing immediately before it was seized; (b) if a prosecution for an offence against this Act is instituted within 12 months after the seizure and the defendant is found guilty, the court may order that: (i) the substance or thing be forfeited to the Territory; or (ii) the defendant pay to the Territory an amount equal to the market value of the substance or thing when seized, being the value determined by the court; (c) if: (i) a prosecution for an offence against this Act is not instituted within 12 months after the seizure; or (ii) on such a prosecution being instituted within that period, the defendant is not found guilty or the court does not make an order under paragraph (b), the chemical adviser must release the substance or thing to its owner or the person who had possession of the substance or thing immediately before it was seized. (2) The following provisions apply in relation to a substance or thing seized under section 95(1)(g) because it poses a threat to human health or safety: (a) the chemical adviser must take steps to destroy, bury or otherwise render harmless the substance or thing; (b) once the substance or thing has been rendered harmless, unless it has been destroyed or buried, the chemical adviser must release the substance or thing to its owner or the person who had possession of the substance or thing immediately before it was seized.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 64