Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_52i
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 52I
Character Range: 180220–181902

52I  Release of property that has been seized etc.

 (1) If any property is under the control of an officer because of the exercise by an officer of powers under section 42, AFMA may direct that the property be released:
 (a) in the case of a boat—to the owner or the master of the boat; and
 (b) in any other case—to the owner of the property or to the person from whose possession the property was seized, or from whose control the property was removed;
on such conditions (if any) as AFMA thinks fit, including conditions as to the giving of security:
 (c) for payment of the value of the property if it is forfeited; and
 (d) for the payment of any fines that may be imposed under this Act in respect of offences that AFMA has reason to believe have been committed with the use of, or in relation to, that property.

 (2) If:
 (a) any property referred to in subsection (1):
 (i) is also property referred to in section 52; and
 (ii) was under the control of an officer because an offence referred to in that section is alleged to have been committed in respect of the property; and
 (b) were the person to be convicted of the offence an order could be made by the court directing the person to pay the costs of the prosecution;
the conditions on which the property may be released under subsection (1) include a condition as to the giving of security for payment of those costs if the person is convicted of the offence.

 (3) For the purposes of this section:
 (a) a reference to property includes a reference to fish; and
 (b) property is taken to be under the control of an officer if any person is, in relation to that property, subject to the directions of the officer.