28LSeizure

28L Seizure

(1)  When performing or exercising any functions or powers under this Part, an authorised officer may seize –

(a) a GMO or thing that the authorised officer reasonably believes contains or may contain a GMO that has been imported into the State in contravention of this Part; or

(b) a GMO or thing in respect of which that or another authorised officer has given a direction to a person under this Part if that authorised officer reasonably believes that the person has not complied with the direction; or

(c) a document or thing that appears to indicate that an offence under this Part has been or is being committed.

(2)  If an authorised officer, or a police officer or person assisting an authorised officer, has seized or otherwise taken possession of a document, GMO or other thing under this Part –

(a) the Secretary has possession of the document, GMO or thing while the Secretary retains it; and

(b) the Secretary may retain the document, GMO or thing for so long as is necessary for the purposes of this Act; and

(c) the authorised officer must provide written notice of the seizure or taking of possession as soon as is reasonably practicable to –

(i) the person from whom the document, GMO or thing was seized or taken; or

(ii) the person who would be entitled to possession of it if it were not in the possession of the Secretary; and

(d) on the request of a person who would be entitled to possession of the document if it were not in the possession of the Secretary, the Secretary must provide that person with a copy of the document certified by the Secretary to be a true copy; and

(e) the Secretary may release the document, GMO or thing, subject to any conditions the Secretary considers appropriate, to the person entitled to possession of it.

(3)  Without the written permission of the Secretary, a person must not interfere with or remove from the possession of the Secretary a document, GMO or other thing seized by an authorised officer, police officer or person assisting an authorised officer under this Part.

Penalty:  Fine not exceeding 100 penalty units.