114Destruction of things surrendered by enforcement agencies

114 Destruction of things surrendered by enforcement agencies

114 Destruction of things surrendered by enforcement agencies

(1) This section applies if a relevant enforcement agency—

(a) lawfully seizes a thing, and

(b) is not required under law to return the thing to the person from whom it was seized or to the owner.

(2) An authorised recipient may—

(a) agree to receive a thing that the relevant enforcement agency lawfully surrenders to the authorised recipient, and

(b) destroy, or authorise the destruction of, the thing if—

(i) a decision is made not to prosecute a person for an offence under this Act or another Act in connection with the thing, or

(ii) a decision is not made within 6 months of the surrender of the thing to prosecute a person for an offence under this Act or another Act in connection with the thing.

(3) Damages or other compensation is not payable to a person for the destruction of a thing in accordance with this section.

(4) In this section—

authorised recipient means the Health Secretary or a person authorised by the Health Secretary for the purposes of this section.

relevant enforcement agency means—

(a) the Australian Border Force, or

(b) another prescribed entity of an Australian jurisdiction with power to seize things that are or may be therapeutic goods.