NTIn ForceAct
Fisheries Act 1988
33ARelease or forfeiture of things seized or proceeds of sale
Start here
Get a plain-English read of 33A
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1988.
33A Release or forfeiture of things seized or proceeds of sale
(1) Subject to subsection (2), a thing, or proceeds from the sale of a
thing, held in the custody of the Director or an authorised person
under section 33(5) must be released to the person from whom the
thing was seized or, if that person is not the owner of the thing, to
the owner:
(a) on a decision being made not to charge a person with an
offence in relation to which the thing was seized; or
(b) on the acquittal of a person charged with an offence
mentioned in paragraph (a).
(2) If a thing is seized under section 33(1) other than from a person
and, despite reasonable enquiry, it is not possible to establish the
ownership of the thing within 30 days after the seizure, the thing is
forfeit to the Territory at the end of that period and may be sold or
otherwise disposed of by the Director.
Note for section 33A
See section 46 for the court's power to order forfeiture of things seized, or
proceeds from the sale of things seized, on a finding of guilt for an offence.