Commonwealth Consolidated Acts

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Returning things if notice of Commonwealth ownership given

Application to court

  (1)   If notice of Commonwealth ownership of a thing is given, a person who claims ownership or possession of the thing may apply to a court of competent jurisdiction for an order for the return of the thing.

  (2)   The application must be made within 30 days after the notice of Commonwealth ownership is given.

Order for return of thing

  (3 )   The court may order the return of the thing i f :

  (a)   the court is not satisfied that the Commonwealth own s the thing; and

  (b)   the thing has not been:

  (i)   seized under another Australian law; or

  (ii)   disposed of under an Australian law .

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