Western Australian Consolidated Acts

FOOD ACT 2008 - SECT 59

59 .         Order disallowing seizure of item

        (1)         The court, on the hearing of an application under section 57, must make an order disallowing the seizure of an item if —

            (a)         it is proved that the applicant would, but for the seizure, be entitled to the item and it is not proved that an offence under this Act was being, or had been, committed, being an offence of which the item was evidence; or

            (b)         in the opinion of the court, there are exceptional circumstances justifying the making of such an order.

        (2)         If neither subsection (1)(a) or (b) applies, the court must refuse the application.