Return of seized things
112 Return of seized things
Unless subsection (2) applies, a thing seized under this division must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing.
The thing is not required to be returned and reasonable compensation is not required to be paid for it if—
both of the following apply:
a prosecution for an offence connected with the thing (a relevant offence) is started against the owner within the 1-year period;
the proceeding (including any appeal) is finalised and the owner is convicted or found guilty of the offence; or
an infringement notice for a relevant offence is served on the owner within the 1-year period and—
the owner gives notice disputing liability for the offence (a disputed liability notice) in accordance with the Magistrates Court Act 1930, section 132; and
an information is laid in the Magistrates Court against the owner for the offence within 60 days after the day the disputed liability notice is given; and
the proceeding (including any appeal) is finalised and the owner is convicted or found guilty of the offence; or
an infringement notice for a relevant offence is served on the owner within the 1-year period and—
the infringement notice penalty for the offence is paid; and
the notice is not withdrawn; or
a court makes an order under a territory law that the thing is forfeited to the Territory or must be otherwise dealt with.
If subsection (2) (a), (b) or (c) applies—
the thing is forfeited to the Territory; and
the director‑general may direct that the thing be sold, destroyed or otherwise disposed of.
In this section:
1-year period, in relation to a seized thing, means 12 months after the day the thing was seized.
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