Return of things seized

In force

(1)

A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—

(a)

a prosecution for an offence relating to the thing is not instituted within 90 days of the seizure; or

(b)

the court does not find the offence proved in a prosecution for an offence relating to the thing.

(2)

A thing seized under this part is forfeited to the Territory if a court—

(a)

finds an offence relating to the thing to be proved; and

(b)

orders the forfeiture.

(3)

If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, the construction occupations registrar must return the thing to its owner or the Territory must pay reasonable compensation to the owner for the loss of the thing.

This Act’s bill:Explanatory statement Second reading speech

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37 Return of things seized