Australian Capital Territory Current Acts

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Order for return of things seized

    (1)     This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 356 for an order disallowing the seizure.

    (2)     The Magistrates Court must make an order disallowing the seizure if satisfied that—

        (a)     the applicant would, apart from the seizure, be entitled to the return of the thing seized; and

        (b)     the thing is not connected with an offence against this Act; and

        (c)     possession of the thing by the person would not be an offence.

    (3)     The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.

    (4)     If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders:

        (a)     an order directing the conservator to return the thing to the applicant or to someone else who appears to be entitled to it;

        (b)     if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation;

        (c)     an order about the payment of costs in relation to the application.

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