Local Government Act 2009

This section applies if a seized thing is not forfeited under subdivision 4.

As soon as the assessor stops being satisfied there are reasonable grounds for retaining the thing, the assessor must return it to its owner.

If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the assessor for its return.

Within 30 days after receiving the application, the assessor must—

if the assessor is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner a notice about the decision, including the grounds for retaining the thing; or

otherwise—return the thing to the owner.

For this section, there are reasonable grounds for retaining a seized thing if—

the thing is being, or is likely to be, examined; or

the thing is needed, or may be needed, for the purposes of—

a proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or

an appeal from a decision in a proceeding for an offence against a conduct provision; or

it is not lawful for the owner to possess the thing.

Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.

Nothing in this section affects a lien or other security over the seized thing.

In this section—