South Australian Consolidated Acts South Australian Consolidated Acts69—Provisions relating to seizure
(1) A seizure order
under this Division—
(a) must
be in the form of a written notice served on the owner or person in charge of
the property to which the order relates; and
(b) may
be varied or revoked by further such written notice.
(2) If a seizure order
is issued under this Division, a person who removes or interferes with the
property to which the order relates without the approval of the
Chief Inspector before an order is made under this section in respect of the
property or the seizure order is discharged is guilty of an offence.
Maximum penalty: $5 000.
(3) If property has
been seized or made subject to a seizure order under this Division the
following provisions apply:
(a)
subject to subsection (4), seized property must be held pending
proceedings for an offence against this Act related to the property seized,
unless the Chief Inspector, on application, authorises its release to—
(i)
the person from whom it was seized; or
(ii)
any person who had legal title to it at the time of its
seizure,
subject to such conditions as the Chief Inspector thinks fit (including
conditions as to the giving of security for satisfaction of an order under
paragraph (b)(ii), requiring payment of costs and expenses reasonably
incurred in relation to it or requiring its removal from the State or a
specified area);
(b) if
proceedings for an offence against this Act relating to the property are
instituted within the prescribed period after its seizure or the issuing of
the seizure order and the defendant is found guilty of the offence, the court
may (if the property has not been destroyed or disposed of under
subsection (4))—
(i)
order that the property be forfeited to the Crown; or
(ii)
if the property has been released under
paragraph (a) or is the subject of a seizure order—order that it be
forfeited to the Crown or that the person to whom it was released or the
defendant pay to the Minister an amount equal to its market value at the time
of its seizure or the issuing of the seizure order, as the court thinks fit;
(c)
if—
(i)
proceedings are not instituted for an offence against
this Act relating to the property within the prescribed period after its
seizure or the issuing of the seizure order; or
(ii)
proceedings have been so instituted and—
(A) the defendant is found not guilty of
the offence; or
(B) the defendant is found guilty of the
offence but no order for forfeiture is made under paragraph (b),
then—
(iii)
in the case of seized property that has not been
destroyed or otherwise disposed of under subsection (4)—the person
from whom it was seized, or any person with legal title to it, is entitled to
recover from the Minister (if necessary, by action in a court of competent
jurisdiction) the property itself, or if it has been damaged or destroyed or
has deteriorated, compensation of an amount equal to its market value at the
time of its seizure; or
(iv)
in the case of property subject to a seizure
order—the order is discharged.
(4) If property seized
is affected with a disease or contaminant or there is reason to suspect that
it is affected with a disease or contaminant, the property may—
(a) be
cleansed, disinfected or otherwise treated; or
(b) with
the authority of the Chief Inspector or the owner of the property—be
destroyed or otherwise disposed of.
(5) In
subsection (3)—
"prescribed period" means six months or such longer period as the Magistrates
Court may, on application by the Minister, allow.