§ 345 — Infringement action — orders in relation to seized goods

345.—(1) This section applies if —(a)

an infringement action is brought in relation to the seized goods; and

(b)

the seized goods are not forfeited to the Government under section 355 or released when the action is brought.

(2) The Court may, in addition to granting any other remedy —(a)

at any time but subject to subsection (3), order that the seized goods be released to the dealer, either with or without conditions;

(b)

order that the seized goods must not be released to the dealer before the end of a specified period; or

(c)

order that the seized goods be forfeited to the Government.

(3) An order may not be made under subsection (2)(a) if the Government or any public body is required or permitted under any law to retain control of the seized goods.

(4) The Director‑General must comply with any order made under subsection (2).

(5) If an order is made under subsection (2)(c), the seized goods must be disposed of —(a)

in any prescribed manner; or

(b)

if no manner of disposal is prescribed, as the Director‑General directs.

(6) If no order is made under subsection (2) in relation to the seized goods, the Director‑General is not obliged to release the seized goods to the dealer if the Government or any public body is required or permitted under any law to retain control of the seized goods.

—(1) This section applies if —(a)

an infringement action is brought in relation to the seized goods; and

(b)

the seized goods are not forfeited to the Government under section 355 or released when the action is brought.

(2) The Court may, in addition to granting any other remedy —(a)

at any time but subject to subsection (3), order that the seized goods be released to the dealer, either with or without conditions;

(b)

order that the seized goods must not be released to the dealer before the end of a specified period; or

(c)

order that the seized goods be forfeited to the Government.

(3) An order may not be made under subsection (2)(a) if the Government or any public body is required or permitted under any law to retain control of the seized goods.

(4) The Director‑General must comply with any order made under subsection (2).

(5) If an order is made under subsection (2)(c), the seized goods must be disposed of —(a)

in any prescribed manner; or

(b)

if no manner of disposal is prescribed, as the Director‑General directs.

(6) If no order is made under subsection (2) in relation to the seized goods, the Director‑General is not obliged to release the seized goods to the dealer if the Government or any public body is required or permitted under any law to retain control of the seized goods.