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s 452

Return of seized thing

In force
Chapter 8Enforcement
Part 8.4Enforcement—return and forfeiture of things seized

452 Return of seized thing

(1)

If a thing was seized under this chapter and 1 of the circumstances set out in section 453 applies—

(a)

the thing must be returned to its owner; or

(b)

if the thing cannot be returned to its owner because it is lost, destroyed or damaged—reasonable compensation must be paid by the Territory to the owner.

Note The thing must be returned, or compensation paid, as soon as possible (see Legislation Act, s 151B).

(2)

However, a thing is not required to be returned, or reasonable compensation is not required to be paid, if—

(a)

the thing is the subject of an application to a court, or a court order, in relation to the seizure or forfeiture of the thing; and

(b)

the application or order is made in relation to the thing under another law in force in the ACT.

Example

An application for the forfeiture of the seized thing is made to a court under the Confiscation of Criminal Assets Act 2003.

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