23. Seizure

    (1) An authorised person who has reasonable grounds for believing that

    (a) any agricultural produce, animal, plant, food, or other substance is being or has been used, disposed of, or otherwise dealt with contrary to a notice under section 7(1) or 8; or

    (b) any animal is being or has been grazed or plant is being or has been grown on land contrary to a notice under section 7(2),

    may seize that agricultural produce, animal, plant, food or other substance and, where any agricultural produce has been derived from any animal or plant involved in such a contravention, may seize any agricultural produce so derived and may remove anything so seized or require it to be kept at the place of seizure until it is destroyed, disposed of, or otherwise dealt with, or is restored, by or on behalf of an authorised person under subsection (2).

    (2) Where anything is seized under subsection (1), an authorised person may

    (a) whether or not proceedings have been or are intended to be taken under this Act in respect of the contravention resulting in the seizure, but subject to subsection (3), declare anything so seized to be forfeited to the Crown whereupon an authorised person may destroy, dispose of, or otherwise deal with anything so seized or cause any of those things to be done; or

    (b) subject to such direction, if any, as he thinks fit to make under section 7 or 8, restore anything so seized to the person from whom it was seized,

    and without affecting the liability of any person to be proceeded against for an offence against this Act or the recovery of a penalty in any such proceedings the authorised person may recover the amount of the expenses thereby incurred as a debt due from the person by reason of whose contravention the expenses were incurred.

    (3) A declaration of anything seized under subsection (1) to be forfeited shall not be made under subsection (2)(a) before the expiry of the time within which an application may be made in accordance with section 20 for a review of the decision to seize that thing or, where an application has been so made, before the determination of the application.

    [Section 23 amended by No. 55 of 2004 s. 20.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.