South Australian Consolidated Acts

SOUTH AUSTRALIAN MOTOR SPORT ACT 1984 - SECT 28B

28B—Seizure and forfeiture of goods

        (1)         If—

            (a)         goods apparently intended for a commercial purpose are marked with official insignia; and

            (b)         a member of the police force suspects on reasonable grounds that the use of the insignia has not been authorised by the Board,

the member may seize those goods.

        (2)         If any goods have been seized under this section and—

            (a)         proceedings are not instituted for an offence against section 28A in relation to the goods within 3 months of their seizure; or

            (b)         after proceedings have been instituted and completed, the defendant is not convicted,

the person from whom they were seized is entitled to recover—

            (c)         the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and

            (d)         compensation for any loss suffered by reason of the seizure of the goods.

        (3)         An action for the payment of compensation under subsection (2) may be brought against the Board in any court of competent jurisdiction.

        (4)         The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.

        (5)         Any goods forfeited to the Crown must be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale must be paid into the Consolidated Account.