Australian Capital Territory Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT ACT 1991 (REPEALED) - SECT 64

    (1)     If an inspector seizes a measuring instrument, article or package and—

        (a)     proceedings for an offence against this Act in connection with the instrument, article or package are not instituted within 6 months after seizure; or

        (b)     proceedings for such an offence are instituted within that period but the defendant is not (on the determination of those proceedings, whether or not within that period) convicted of an offence;

the person from whom it was seized is, on application to the administering authority, entitled to its return.

    (2)     If an application for return of the measuring instrument, article or package is not made within 3 months after the entitlement to its return arises, the administering authority may dispose of it as it thinks fit.

    (3)     If, in proceedings for an offence against this Act, the court—

        (a)     finds the offence proved; and

        (b)     finds that the offence concerned a measuring instrument, article or package seized and retained by an inspector;

the court may order that the measuring instrument, article or package be forfeited to the Crown.