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