Public Health Act 1997

This section applies where, after a thing has been seized under this part—

at the expiration of the period of 3 months after the seizure of the thing, no proceedings have been commenced in relation to any alleged offence against this Act in respect of the thing; or

if such proceedings were commenced within that period—the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or

the Minister becomes satisfied at any time that no contravention of this Act has been committed in respect of the thing.

Where this section applies, and the thing seized has not been destroyed or disposed of in a manner that would prevent its being dealt with under this subsection, the Minister must cause the thing to be delivered to—

the person from whom it was seized; or

any other person the Minister believes to be entitled to it.

Where anything is delivered under subsection (2) after being forfeited to the Territory under section 90, the forfeiture is not to be taken to have affected any proprietary or any other interests in the thing existing before the forfeiture.