Victorian Numbered Acts

PRIMARY INDUSTRIES AND FOOD LEGISLATION AMENDMENT ACT 2012 (NO. 60 OF 2012) - SECT 58

For section 26(4) of the Food Act 1984 substitute —

    "(4)     Subsection (5) applies if—

        (a)     an application is made under subsection (1) and the application is refused; or

        (b)         an application is not made under subsection (1) and the period of 7 days after the seizure has expired.

    (5)     After the application is refused or the period of 7 days after the seizure has expired (as the case may be) the article seized becomes the property of the—

        (a)     Secretary DH, if the authorized officer who seized the article is authorised by the Secretary DH under section 20(1); or

        (b)     Secretary DPI, if the authorized officer who seized the article is authorised by the Secretary DPI under section 20(1); or

        (c)     a council, if the authorized officer who seized the article is an environmental health officer of that council or appointed by the council under section 20(1B); or

        (d)     DFSV, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (c) of the definition of authorized officer ; or

        (e)     PrimeSafe, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (d) of the definition of "authorized officer"—

and the article must be destroyed or otherwise disposed of as the Secretary DH, the Secretary DPI, the council, DFSV or PrimeSafe (as the case requires) directs.".