Release of seized items upon decision not to proceed, acquittal, and absence of forfeiture order

(1) Where any item has been seized under this Act, upon– (a) a decision being made not to lay an information or charge; (b) the acquittal of a person charged with all offences with all the offences for which the item is subject to forfeiture; or (c) the final disposition of all offences for which the item is subject to forfeiture, without any order for forfeiture have being made in accordance with this Act, such item, or the proceeds from the sale of such item, shall, subject to sub-section (2), be forthwith released from the custody of the Fisheries Administrator to the person entitled thereto. (2) The Court may direct that the release of any item, or proceeds from the sale of such item under sub-section (1) shall be contingent upon all fines, penalties, orders for costs and other determination imposed by in respect of any of any offence having been paid, and failing payment within such time allowed, such item be sold and the balance of the proceeds returned to the owner, his or her nominee or in the absence of the owner or any nominee, to the apparent owner in accordance with this Act after deducting all fines, penalties, orders, costs and other determinations under this Act and the costs for the sale. (3) Notwithstanding any provisions in this section, where a Fisheries Officer who at the time of seizure returns to the water any fish seized pursuant to this Act that the officer believes to be alive, shall not be under any civil or criminal liability to the 88 Fisheries Resources person from whom the fish was seized in the event of a decision being made not to lay an information or charge in respect of the fish, or of the person being acquitted of the charge.