Retention of things seized
107 Retention of things seized
The following provisions apply in relation to a thing seized:
it must be held by the heritage officer for adducing evidence for a prosecution for an offence against this Act unless the CEO authorises its release to its owner or the person who had possession of it immediately before its seizure;
if, on a prosecution for an offence against this Act, the defendant is found guilty of the offence, the court may order the thing be forfeited to the Territory;
the officer must release the thing to its owner or the person who had possession of it immediately before its seizure if:
a prosecution for an offence against this Act is not started within the period provided by section 52 of the Local Court (Criminal Procedure) Act 1928; or
on a prosecution being started within that period, the defendant is not found guilty or the court does not make an order under paragraph (b).
This Act’s bill:Explanatory statementSecond reading speech
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