Part 8Enforcement

Chapter 4Fisheries enforcement powers

Inspection and seizure of objects at sea

266Retention of objects seized under section 264(2)

1

Any object seized by an enforcement officer under section 264(2) may be retained by the relevant authority.

2

If either of the grounds of release in subsection (3) applies, the relevant authority must, as soon as is reasonably practicable, make the object available for collection.

3

The grounds of release referred to in subsection (2) are—

a

that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the object was seized;

b

that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

4

But subsection (2) does not apply if the object is liable to forfeiture under section 275 or 276.

5

Any reference in this section to an object seized under subsection (2) of section 264 includes a reference to anything seized by virtue of subsection (6) of that section.