Tobacco and Other Smoking Products Act 1927

If a thing is seized under this division, a person claiming to be entitled to the thing may apply to the Magistrates Court for an order disallowing the seizure.

The application—

must be made not later than 10 days after the day the thing is seized; and

must not be heard unless the applicant has served a copy of the application on the director-general.

The director-general is entitled to appear as a respondent at the hearing of the application.

The court must make an order disallowing the seizure if satisfied—

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 court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.

If the court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders:

an order directing the director-general 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 disallowed seizure—an order directing the Territory to pay reasonable compensation;

an order about costs in relation to the application.