Order disallowing seizure
456 Order disallowing seizure
This section applies if a person claiming to be entitled to anything seized under this chapter applies to the Magistrates Court under section 455 for an order disallowing the seizure.
The Magistrates Court must make an order disallowing the seizure if satisfied that—
the applicant would, apart from the seizure, be entitled to the return of the seized thing; and
the thing is not connected with an offence against this Act; and
possession of the thing by the person would not be an offence.
The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.
If the Magistrates Court makes an order disallowing the seizure, the court may also make 1 or more of the following orders:
an order directing the MAI commission to return the thing to the applicant or to someone else who appears to be entitled to it;
if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation;
an order about the payment of costs in relation to the application.
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