Section 51

An order for the forfeiture or for the release of any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto it has been held and an order for the forfeiture of the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing were the subject matter of or were used in the commission of the offence notwithstanding that no person may have been convicted of such offence.

Act 861

If there is no prosecution with regard to any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing seized in exercise of any power conferred under this Act, such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing shall be taken and deemed forfeited at the expiration of three calendar months from the date of seizure unless a claim to such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing is made before the date in the manner set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing and that the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing are not liable to forfeiture may personally or by his agent authorized in writing give written notice to an authorized officer that he claims the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing.

Upon receipt of such notice under subsection (4), the authorized officer shall refer the claim to the Commission which may direct that such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing be released or forfeited or may direct the authorized officer to refer the matter to a court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing and the person from whom the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing was seized to appear before the court and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such document, record,

Energy Efficiency and Conservation 45

computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing were the subject matter or were used in the commission of such offence shall order the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing to be forfeited or may in the absence of such proof order for the release of the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing.

Any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing forfeited or deemed forfeited shall be delivered to the authorized officer who shall dispose the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing in accordance with the directions of the Commission.

Release of seized documents, etc.