Return of things seized
128 Return of things seized
A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner 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—
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connected with the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and—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an infringement notice for an offence connected with the thing is served on the owner and not withdrawn within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing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.
If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing—
is forfeited to the Territory; and
may be sold, destroyed or otherwise disposed of as the director‑general directs.
Division 7.6 Miscellaneous
This Act’s bill:Explanatory statementSecond reading speech
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