Summary orders where competing claims to goods
323 Summary orders where competing claims to goods
(1) A police officer may apply to the Local Court for an order under this section where the member:
has seized under this Part; or
under any other written law has seized from:
a pawnbroker or second-hand dealer; or
a person who obtained from a pawnbroker or second-hand dealer;
goods suspected to have been stolen or otherwise unlawfully obtained, and competing claims have been made as to rights in respect of the goods.
(2) A copy of an application for an order under subsection (1) is to be served on each person who, in the opinion of the Local Court, has made a competing claim as to rights in respect of the goods.
The Local Court may:
(a) make an order for the delivery of the goods to the party who appears to be the rightful owner of the goods; or
(b) where the owner cannot be ascertained, make such order with respect to the goods as the Court thinks fit;
and may make an order for the payment by or to a party making a claim for the goods of an amount of money as determined by the Court at or by the time stated in the order.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.