Liquor Act 1992

This section applies to seized property described in a notice given under section 187EB(4) or (5).

A person who claims to have a legal or equitable interest in the property may apply to a Magistrates Court for an order that the property be delivered to the person.

The application must—

be in the approved form; and

if the applicant reasonably believes another person has a legal or equitable interest in the property—state the name and address of the person; and

be filed in the court.

Within 7 days after the application is filed, the registrar of the court must give a copy of the application to—

the commissioner; and

the persons mentioned in subsection (3)(b).

The registrar of the court must give 7 days written notice of the hearing of the application to the applicant and the persons given a copy of the application under subsection (4).

Each of the persons given notice of the hearing under subsection (4) is entitled to be heard at the hearing of the application.

The court may order that the property be delivered to a person on the conditions, if any, the court considers appropriate if satisfied—

the person may lawfully possess the property; and

it is appropriate that the property be delivered to the person.

However, the court must not order the delivery of the property to the person if the court is reasonably satisfied the property may be evidence in a proceeding started in relation to the property.