Australian Capital Territory Repealed Acts

This legislation has been repealed.

TREE PROTECTION (INTERIM SCHEME) ACT 2001 (REPEALED) - SECT 39

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

        (a)     a prosecution for an offence relating to the thing is not begun within 90 days after the day 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 part is forfeited to the Territory 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 the forfeiture of the thing seized, the chief executive must return the thing to its owner or the Territory must pay reasonable compensation to the owner for the loss of the thing.