New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 54

54 Order disallowing seizure of item

The court, on the hearing of an application made under section 52, 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 or the regulations 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,