Australian Capital Territory Repealed Acts

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This legislation has been repealed.

SKIN PENETRATION PROCEDURES ACT 1994 - SECT 41

41. (1) This section applies where a thing has been seized under this Part and—

        (a)     at the expiration of the period of 2 months commencing on the date of the seizure, no proceedings have been commenced in relation to any alleged offence under this Act or the regulations in respect of the thing;

        (b)     if such proceedings have been commenced within that period—the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or

        (c)     the Minister becomes satisfied that no contravention of this Act or the regulations has been committed in respect of the thing;

and the thing has not been—

        (d)     destroyed or disposed of in a manner that would prevent it from being dealt with in accordance with this subsection; or

        (e)     forfeited to the Territory under section 47.

(2) Where this section applies, the Minister shall cause the thing to be delivered to—

        (a)     the person from whom it was seized; or

        (b)     such other person as appears to the Minister to be entitled to it.

Application for relief against seizure



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