Return of things seized
197 Return of things seized
A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—
an infringement notice for an offence connected with the thing is not served on the owner within 1 year after the day of the seizure and either—
a prosecution for an offence connected with the thing is not begun within the 1‑year period; or
a prosecution for an offence connected with the thing is begun within the 1‑year period but the court does not find the offence proved; or
an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and—
a prosecution for an offence connected with the thing is not begun within the 1‑year period; or
a prosecution for an offence connected with the thing is begun within the 1‑year period but the court does not find the offence proved; or
an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and—
an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under that section; or
the Magistrates Court does not find the offence proved.
This Act’s bill:Explanatory statementSecond reading speech
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