Appeals to Local Court against refusals to return seized or confiscated dangerous articles or dangerous implements
213 Appeals to Local Court against refusals to return seized or confiscated dangerous articles or dangerous implements
If the Police Area Commander or Police District Commander fails or refuses to return a seized or confiscated dangerous article or dangerous implement at the expiration of 28 days after it is seized or confiscated to a person who has made an application for its return under this Division, the person may appeal against the failure or refusal to the Local Court within a further 28 days.
On hearing such an appeal, the Local Court may order that the article or implement—
be forfeited to the Crown, or
be returned to the applicant or some other appropriate person.
The Local Court may not order that the article or implement be returned to the person if proceedings have been commenced against a person in respect of the article or implement and the proceedings have not been withdrawn or finally determined by the person’s having been found not guilty of the offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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