QLDIn ForceAct
Fisheries Act 1994
sec.161Chief executive may return seized things etc.
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### sec.161 Chief executive may return seized things etc.
The chief executive may return anything seized under this Act to its owner.
If fisheries resources seized under this Act are sold by the chief executive, the chief executive may return the net proceeds of sale to the owner of the fisheries resources.
The chief executive may return the thing or net proceeds of sale to its owner on conditions, including conditions to ensure that the thing or net proceeds of sale are available for forfeiture.
If the thing or net proceeds of sale are not ordered to be forfeited to the State, the chief executive must return any property or security taken by the chief executive under a condition imposed under subsection (3) at the end of—
6 months after the seizure; or
if a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.
s 161 amd 2000 No. 26 s 13 sch 2
(sec.161-ssec.1) The chief executive may return anything seized under this Act to its owner.
(sec.161-ssec.2) If fisheries resources seized under this Act are sold by the chief executive, the chief executive may return the net proceeds of sale to the owner of the fisheries resources.
(sec.161-ssec.3) The chief executive may return the thing or net proceeds of sale to its owner on conditions, including conditions to ensure that the thing or net proceeds of sale are available for forfeiture.
(sec.161-ssec.4) If the thing or net proceeds of sale are not ordered to be forfeited to the State, the chief executive must return any property or security taken by the chief executive under a condition imposed under subsection (3) at the end of— 6 months after the seizure; or if a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.
- (a) 6 months after the seizure; or
- (b) if a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.