Australian Capital Territory Current Acts

UNLAWFUL GAMBLING ACT 2009 - SECT 39

    (1)     On an application under section 38, 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 seized instrument of gambling; and

        (b)     the instrument of gambling is not connected with the conduct or operation of an unlawful game or unlawful betting; and

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

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

    (3)     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 commission to return the instrument of gambling to the applicant or to someone else who appears to be entitled to it;

        (b)     if the instrument of gambling 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.