Section sec.162 - Fisheries Act 1994 - Obligation to return seized things (other than fisheries resources)

sec.162Obligation to return seized things (other than fisheries resources)

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### sec.162 Obligation to return seized things (other than fisheries resources) This section applies if a thing (other than fisheries resources) is seized under this Act. The chief executive must return the seized thing to its owner at the end of— 6 months; or if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution. Despite subsection (2) , the chief executive must return the seized thing to its owner immediately if the chief executive is not satisfied or stops being satisfied its retention as evidence is necessary. However, the chief executive may keep the seized thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act. This section does not require the return of the thing if a court has ordered that the thing be forfeited to the State. s 162 amd 2000 No. 26 s 13 sch 2 (sec.162-ssec.1) This section applies if a thing (other than fisheries resources) is seized under this Act. (sec.162-ssec.2) The chief executive must return the seized thing to its owner at the end of— 6 months; or if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution. (sec.162-ssec.3) Despite subsection (2) , the chief executive must return the seized thing to its owner immediately if the chief executive is not satisfied or stops being satisfied its retention as evidence is necessary. (sec.162-ssec.4) However, the chief executive may keep the seized thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act. (sec.162-ssec.5) This section does not require the return of the thing if a court has ordered that the thing be forfeited to the State. - (a) 6 months; or - (b) if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.