Minister may give notice to claim delivery
104 Minister may give notice to claim delivery
(1) This section applies in relation to a seized thing if a prosecution for a relevant offence:
(a) is not commenced within 12 months after the delivery of the seized thing; or
(b) is commenced within 12 months after the delivery of the seized thing and the court does not make an order under section 103(2).
(2) The Minister must give a notice to 1 of the following persons, requiring the person to claim delivery of the seized thing within 21 days after the date on which the person receives the notice:
the person from whom the thing was seized;
(b) a person the Minister reasonably believes is the owner of the thing or has a legal interest in it.
(3) If the person claims delivery of the seized thing as required, the Minister must refer the claim to the Local Court for it to be dealt with as if it were a claim made by a claimant of property under section 130B of the Local Court (Criminal Procedure) Act 1928.
(4) If the person does not claim delivery of the seized thing as required, the seized thing is forfeited to the Territory.
This Act’s bill:Explanatory statementSecond reading speech
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