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Contents (2003 - 43)
Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 24 November 2017 at 18:40)
Part 4 Division 2 Section 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,
but otherwise the court must refuse the application.