Full legislation
s.29
Power to release seized vessels and vehicles prior to the hearing
(1)
Where an application has been made under
section 28(1)
in respect of
a vessel or vehicle which is liable to forfeiture, a court may, upon payment into
court by way of security of a sum of money not less in amount than the value of the
seized vessel or vehicle, as assessed by the Commissioner or an authorized officer,
order that the vessel or vehicle be delivered to the claimant thereof upon the
condition that the vessel or vehicle be re-delivered into the custody of the
Commissioner before the date of hearing of the application.
(2)
If—
(a)
a court has ordered under subsection (1) that a seized vessel or vehicle be
delivered to the claimant thereof; and
(b)
the vessel or vehicle is not delivered into the custody of the Commissioner
before the date of the hearing of the application,
the court hearing the application may, in lieu of ordering under
section
28(6)
or (7) that the vessel or vehicle be forfeited to the Government,
order that the money paid into court under subsection (1) of this section be
forfeited to the Government or returned to the person who paid it into court.
(Amended
66 of 2000 s. 3
)
(3)
A claimant who applies for the release of a vessel or vehicle shall prior to
the release of the vessel or vehicle pay to the Commissioner the reasonable cost of
assessing the value of the vessel or vehicle as the court orders.
(Added
62 of 1993 s. 10
)