26Remedy in respect of articles seized

26 Remedy in respect of articles seized S. 26(1) amended by No. 57/1989 s. 3(Sch. item 79.3). (1) Where an article is seized and detained by an authorized officer under section 21, any person claiming the article may within 7 days after the seizure make application in the prescribed form to the Magistrates' Court for an order directing the authorized officer to release from detention the article seized by him. S. 26(2) amended by No. 57/1989 s. 3(Sch. item 79.4). (2) Where an application is made to the Magistrates' Court under subsection (1), the applicant shall forthwith give to the authorized officer responsible for the seizure and detention of the article in question a copy of the application. (3) Upon hearing an application under subsection (1) the Magistrates' Court— (a) if it is satisfied that— (i) the authorized officer responsible for the seizure and detention of the article did not have reasonable grounds for believing that the article was one by means of or in relation to which any provision of this Act had been contravened or not complied with; or (ii) the article was not one by means of or in relation to which any provision of this Act had been contravened or not complied with— shall make an order disallowing the seizure and directing the authorized officer to release the article from detention; or (b) if it is not so satisfied, shall refuse the application and make an order confirming the seizure and detention of the article— and may make such order as it thinks fit in respect of the costs and expenses of and incidental to the removal and storage of the article seized. S. 26(4) amended by Nos 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 47.6) (as amended by No. 13/1990 s. 38(1)(o)), 125/1993 s. 20(5)(e) 98/1997 s. 16(a), substituted by No. 60/2012 s. 58. (4) Subsection (5) applies if— (a) an application is made under subsection (1) and the application is refused; or (b) an application is not made under subsection (1) and the period of 7 days after the seizure has expired. S. 26(5) amended by No. 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 79.5), new s. 26(5) inserted by No. 60/2012 s. 58, amended by Nos 2/2017 s. 16(7), 38/2020 s. 26, 44/2024 s. 17(c). (5) After the application is refused or the period of 7 days after the seizure has expired (as the case may be) the article seized becomes the property of the— S. 26(5)(a) amended by Nos 2/2017 s. 16(7)(a), 44/2024 s. 17(a). (a) Secretary DH, if the authorized officer who seized the article is authorised by the Secretary DH under section 20(1); or S. 26(5)(b) amended by Nos 2/2017 s. 16(7)(b), 38/2020 s. 26, 44/2024 s. 17(b). (b) Secretary DEECA, if the authorized officer who seized the article is authorised by the Secretary DEECA under section 20(1); or (c) a council, if the authorized officer who seized the article is an environmental health officer of that council or appointed by the council under section 20(1B); or (d) DFSV, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (c) of the definition of ***authorized officer***; or (e) PrimeSafe, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (d) of the definition of ***authorized officer***— and the article must be destroyed or otherwise disposed of as the Secretary DH, the Secretary DEECA, the council, DFSV or PrimeSafe (as the case requires) directs.