Health (Seizure) Regulations 2003

i Health (Seizure) Regulations 2003 S.R. No. 4/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 2 5. Seizure notice 2 6. Complaint notice 2 __________________ SCHEDULES 3 SCHEDULE 1—Notice of seizure and detention or removal of a substance, animal or thing by an authorized officer under the Health Act 1958 3 SCHEDULE 2—Notice of complaint and claim for release of a substance, animal or thing seized and detained or removed by an authorized officer under the Health Act 1958 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2003 S.R. No. 4/2003 Health Act 1958 Health (Seizure) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 22 January 2003 Responsible Minister: BRONWYN PIKE Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe— (a) the form of notice of seizure of a substance, animal or thing for the purposes of section 407(1) of the Health Act 1958; and (b) the form of notice of complaint regarding a seized substance, animal or thing for the purposes of section 408(1) of the Health Act 1958. 2. Authorising provision These Regulations are made under section 390 of the Health Act 1958. 3. Commencement These Regulations come into operation on 31 January 2003. -- 2 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 2 4. Revocation The Health (Seizure) Regulations 19921 are revoked. 5. Seizure notice For the purposes of section 407(1) of the Health Act 1958, the prescribed form is set out in Schedule 1. 6. Complaint notice For the purposes of section 408(1) of the Health Act 1958, the prescribed form is set out in Schedule 2. __________________ r. 4 -- 3 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 3 SCHEDULES SCHEDULE 1 Regulation 5 Health (Seizure) Regulations 2003 NOTICE OF SEIZURE AND DETENTION OR REMOVAL OF A SUBSTANCE, ANIMAL OR THING BY AN AUTHORIZED OFFICER UNDER THE HEALTH ACT 1958 To: (insert name and address of person to whom notice is given) I, (insert name and address of authorized officer) , being an authorized officer under the Health Act 1958 give notice that I have this day seized and detained or removed the following substance, animal or thing— (insert description of animal, substance or thing) Grounds for seizure: (authorized officer to insert his or her grounds for believing that the seized substance, animal or thing contravenes the Health Act 1958) Signed: (authorized officer) Date: (insert date of seizure) Time: (insert time of seizure) Complaint procedure: If you wish to make a complaint to claim the seized and detained or removed substance, animal or thing, the following procedure applies— 1. You, or a person claiming the substance, animal or thing must give— (a) notice of complaint in the form of Schedule 2 to the Health (Seizure) Regulations 2003 to a magistrate; and (b) a copy of that notice of complaint to the authorized officer responsible for the seizure— within 72 hours after the seizure. 2. Section 408(1A) of the Health Act 1958 provides that the complaint is to be heard and determined by the Magistrates' Court which (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly. Sch. 1 -- 4 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 4 Note: If a complaint is not made or if the seizure is confirmed by an order of the Magistrates' Court, the seized substance, animal or thing will be destroyed or otherwise disposed of. __________________ Sch. 1 -- 5 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 5 SCHEDULE 2 Regulation 6 Health (Seizure) Regulations 2003 NOTICE OF COMPLAINT AND CLAIM FOR RELEASE OF A SUBSTANCE, ANIMAL OR THING SEIZED AND DETAINED OR REMOVED BY AN AUTHORIZED OFFICER UNDER THE HEALTH ACT 1958 To the registrar of the Magistrates' Court at (insert address of Court where notice of complaint given) I, (insert name and address of person giving notice of complaint) give notice of complaint to a magistrate and claim for release of the substance, animal or thing which was seized and detained or removed under the Health Act 1958 on (insert date) at (insert address) by (insert name and address of authorized officer) , an authorized officer under that Act. Description of substance, animal or thing seized: (insert description) Reason for complaint (*strike out if one of the reasons is not applicable): * The authorized officer did not have reasonable grounds for believing the substance, animal or thing was in contravention of any provision of the Health Act 1958. * The substance, animal or thing was not in contravention of any provision of the Health Act 1958. Signed: (person who gives notice of complaint) Date: (insert date notice of complaint is given) Time: (insert time notice of complaint is given) Notes: 1. Section 408(1) of the Health Act 1958 requires a person claiming a seized substance, animal or thing to give— (a) notice of complaint in the form of Schedule 2 to the Health (Seizure) Regulations 2003 to a magistrate; and (b) a copy of that notice of complaint to the authorized officer responsible for the seizure— within 72 hours after the seizure. Sch. 2 -- 6 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 6 2. Section 408(1A) of the Health Act 1958 provides that the complaint is to be heard and determined by the Magistrates' Court which (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly. ═══════════════ Sch. 2 -- 7 of 8 -- S.R. No. 4/2003 Health (Seizure) Regulations 2003 7 ENDNOTES 1 Reg. 4: S.R. No. 186/1992. Endnotes -- 8 of 8 --