s. 82 82 Presumption as to ownership of forest produce No. 6073 s. 82. S. 82 (1) In any proceedings under this Act with respect to amended by any forest produce such forest produce shall until No. 48/2004 s. 120 (ILA the contrary is shown be deemed to be the s. 39B(1)). property of the Crown. (2) This section applies to timber resources within the S. 82(2) inserted by meaning of the Sustainable Forests (Timber) No. 48/2004 Act 2004 used to supply managed licences within s. 120. the meaning of that Act as if— (a) a reference to were a forest produce reference to within the timber resources meaning of that Act; and (b) a reference to the Crown were a reference to VicForests; and (c) a reference to were a reference to the this Act Sustainable Forests (Timber) Act 2004. (3) If a provision of the Sustainable Forests S. 82(3) inserted by (Timber) Act 2004 is inconsistent with this No. 48/2004 section as applied by subsection (2), the provision s. 120. of the Sustainable Forests (Timber) Act 2004 prevails. 83 Search warrant for secreted forest produce No. 6073 s. 83. S. 83 On the evidence on oath or by affidavit of any amended by Nos 41/1987 authorised officer or member of the police force s. 103(Sch. 4 stating his belief that forest produce or timber item 24.95), 57/1989 resources within the meaning of the Sustainable s. 3(Sch. item Forests (Timber) Act 2004 used to supply 81.7(a)(b)), 48/2004 managed licences within the meaning of that Act, s. 121(a)(b). liable to the payment of any royalty fees dues or charges under this Act or the Sustainable Forests (Timber) Act 2004 (as the case requires), is secreted in any place other than a forest the Magistrates' Court may issue a warrant to search for such forest produce or timber resources within the meaning of the Sustainable Forests (Timber)
No. 6073 s. 82. S. 82 amended by No. 48/2004 s. 120 (ILA s. 39B(1)). 82 Presumption as to ownership of forest produce s. 82 (1) In any proceedings under this Act with respect to any forest produce such forest produce shall until the contrary is shown be deemed to be the property of the Crown. S. 82(2) inserted by No. 48/2004 s. 120. (2) This section applies to timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act as if— (a) a reference to forest produce were a reference to timber resources within the meaning of that Act; and (b) a reference to the Crown were a reference to VicForests; and (c) a reference to this Act were a reference to the Sustainable Forests (Timber) Act 2004. S. 82(3) inserted by No. 48/2004 s. 120. (3) If a provision of the Sustainable Forests (Timber) Act 2004 is inconsistent with this section as applied by subsection (2), the provision of the Sustainable Forests (Timber) Act 2004 prevails. No. 6073 s. 83. S. 83 amended by Nos 41/1987 s. 103(Sch. 4 item 24.95), 57/1989 s. 3(Sch. item 81.7(a)(b)), 48/2004 s. 121(a)(b). 83 Search warrant for secreted forest produce On the evidence on oath or by affidavit of any authorised officer or member of the police force stating his belief that forest produce or timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act, liable to the payment of any royalty fees dues or charges under this Act or the Sustainable Forests (Timber) Act 2004 (as the case requires), is secreted in any place other than a forest the Magistrates' Court may issue a warrant to search for such forest produce or timber resources within the meaning of the Sustainable Forests (Timber)