NSWIn ForceAct
Assisted Reproductive Technology Act 2007
55Disposal of seized items
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#### 55 Disposal of seized items
55 Disposal of seized items
> > (1) The Secretary must immediately cause a seized item (whether or not the item is forfeited to the Crown) to be delivered to such person as appears to the Secretary to be entitled to it, if—
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> > > (a) the Secretary becomes satisfied that there has been no contravention of this Act or the regulations in relation to the seized item, and
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> > > (b) the seized item has not been disposed of or destroyed in a manner that would prevent it from being dealt with in accordance with this subsection.
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> > (2) A seized item is forfeited to the Crown and may be destroyed or disposed of in such manner as the Secretary directs if—
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> > > (a) no application for disallowance of the seizure of a seized item has been made within the period allowed by this Part, or
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> > > (b) an application has been made within that period and the application has been refused or withdrawn before a decision in respect of that application has been made, or
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> > > (c) the item is a sample of a substance taken for analysis or testing and the analysis or testing will damage or destroy the item.
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> > (3) If any seized item is delivered to a person in accordance with subsection (1), such proprietary and other interests as existed immediately before the forfeiture are revived.