Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 41B

41B .         Potatoes etc. impounded under Act, dealing with

        (1)         Where any quantity of potatoes, or any document or packaging, is impounded under this Act and taken before a justice —

            (a)         if the thing impounded is not to be detained under section 22(10), the justice shall direct that the thing be returned to the person from whom it was taken, unless he is authorised or required by law to dispose of it otherwise; and

            (b)         if a person is convicted of any offence in relation to the thing impounded, the court before which the person is convicted may cause that thing to be destroyed or to be forfeited to the Crown and disposed of in accordance with such manner as the court may direct.

        (2)         The chief executive officer of the Corporation may authorise the release of any thing impounded under this Act to the person entitled to the possession of the thing or to the person from whom the thing was taken on such conditions (if any) as the chief executive officer thinks fit (including conditions as to the giving of security for payment of the value of the thing if it is ordered to be destroyed or is forfeited).

        (3)         Any proceeds of the sale or other disposal of any thing forfeited to the Crown under this Act are to be paid to the credit of such fund or funds under this Act as are prescribed or, if no fund is prescribed, then into the Consolidated Account.

        [Section 41B inserted by No. 11 of 1995 s. 54; amended by No. 77 of 2006 s. 4.]



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