New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 23A

23A Dealing with property

(1) This section applies to--

(a) anything seized under the authority of a search warrant issued for the purposes of section 19A, and

(b) anything that has been obtained by the Secretary or an investigator in the course of an investigation under this Act.

(2) Anything to which this section applies must be returned to the person who had lawful possession of the thing before it was seized or obtained by the Secretary or an investigator if its retention as evidence in proceedings for an offence against this or any other Act is not required.

(3) The Secretary may order that anything seized, or obtained in the course of an investigation under this Act, be sold, destroyed or otherwise disposed of if--

(a) the thing is no longer required to be retained as evidence in proceedings for an offence against this or any other Act, and

(b) the person who had lawful possession of the thing before it was seized or obtained cannot be found or does not wish to have the thing returned.

(4) If the thing is disposed of by way of sale, the proceeds of sale are to be paid to the Treasurer for payment into the Consolidated Fund.

(5) This section does not apply to the following consumer goods--

(a) consumer goods that are the subject of an application under section 23B that has not been determined,

(b) consumer goods that are the subject of an order under that section authorising their disposal,

(c) consumer goods which the Secretary is satisfied are unsafe consumer goods.