Application by owner etc. for return of things
118 Application by owner etc. for return of things
This section applies to a thing that has been in the possession of the commission for at least 30 days.
A person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person.
The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—
the chairperson;
anyone else the person reasonably believes has a legal or equitable interest in the thing.
The magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied—
the person may lawfully possess the thing; and
it is appropriate that the thing be delivered to the person.
However, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing—
may be evidence in a proceeding started in relation to the thing; or
is a thing used in or for manufacturing a dangerous drug; or
may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act.
This Act’s bill:Explanatory memorandum
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