Australian Capital Territory Current Acts

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UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 94

Return of things seized

    (1)     A thing seized under this division must be returned to its owner, or reasonable compensation must be paid to the owner by the technical regulator for the loss of the thing, if—

        (a)     a prosecution for an offence relating to the thing is not instituted within 90 days of the seizure; or

        (b)     the court does not find the offence proved in a prosecution for an offence relating to the thing.

    (2)     A thing seized under this division is forfeited to the technical regulator if a court—

        (a)     finds an offence relating to the thing to be proved; and

        (b)     orders the forfeiture.

    (3)     If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, the technical regulator must return the thing to its owner or pay reasonable compensation to the owner in relation to the loss of the thing.



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