(b) if it is not so satisfied, shall refuse the application and make an order confirming the seizure and detention of the article— and may make such order as it thinks fit in respect of the costs and expenses of and incidental to the removal and storage of the article seized. (4) Subsection (5) applies if— S. 26(4) amended by Nos 10262 (a) an application is made under subsection (1) s. 4, 12/1989 and the application is refused; or s. 4(1)(Sch. 2 item 47.6) (as (b) an application is not made under subsection amended by No. 13/1990 (1) and the period of 7 days after the seizure s. 38(1)(o)), has expired. 125/1993 s. 20(5)(e) 98/1997 s. 16(a), substituted by No. 60/2012 s. 58. (5) After the application is refused or the period of S. 26(5) amended by 7 days after the seizure has expired (as the case No. 16/1986 may be) the article seized becomes the property of s. 30, repealed by the— No. 57/1989 s. 3(Sch. item 79.5), new s. 26(5) inserted by No. 60/2012 s. 58, amended by No. 2/2017 s. 16(7). S. 26(5)(a) (a) Secretary DHHS, if the authorized officer amended by who seized the article is authorised by the No. 2/2017 s. 16(7)(a). Secretary DHHS under section 20(1); or (b) Secretary DEDJTR, if the authorized officer S. 26(5)(b) amended by who seized the article is authorised by the No. 2/2017 Secretary DEDJTR under section 20(1); or s. 16(7)(b). (c) a council, if the authorized officer who seized the article is an environmental health
(b) if it is not so satisfied, shall refuse the application and make an order confirming the seizure and detention of the article— and may make such order as it thinks fit in respect of the costs and expenses of and incidental to the removal and storage of the article seized. S. 26(4) amended by Nos 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 47.6) (as amended by No. 13/1990 s. 38(1)(o)), 125/1993 s. 20(5)(e) 98/1997 s. 16(a), substituted by No. 60/2012 s. 58. (4) Subsection (5) applies if— (a) an application is made under subsection (1) and the application is refused; or (b) an application is not made under subsection (1) and the period of 7 days after the seizure has expired. S. 26(5) amended by No. 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 79.5), new s. 26(5) inserted by No. 60/2012 s. 58, amended by No. 2/2017 s. 16(7). (5) After the application is refused or the period of 7 days after the seizure has expired (as the case may be) the article seized becomes the property of the— S. 26(5)(a) amended by No. 2/2017 s. 16(7)(a). (a) Secretary DHHS, if the authorized officer who seized the article is authorised by the Secretary DHHS under section 20(1); or S. 26(5)(b) amended by No. 2/2017 s. 16(7)(b). (b) Secretary DEDJTR, if the authorized officer who seized the article is authorised by the Secretary DEDJTR under section 20(1); or (c) a council, if the authorized officer who seized the article is an environmental health
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