New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 10.32

10.32 Court order requiring delivery of seized thing

(1) A court may, on application by any person, make an order directing that a seized thing be delivered to the person.

(2) A court may make such an order only if satisfied that--

(a) the person is the owner of the seized thing, and

(b) it is lawful for the person to have possession of the thing, and

(c) the continued retention of the seized thing in custody is not justified.

(3) In deciding an application the court may do any one or more of the following things--

(a) make a finding or order as to the ownership of the thing,

(b) make a finding or order as to liability for, and payment of, costs and expenses incurred in keeping a thing in custody,

(c) make any necessary incidental or ancillary findings or orders.

(4) The court to which an application under this section may be made is--

(a) the Local Court, if the estimated value of the thing does not exceed $100,000, or

(b) the Land and Environment Court, if the estimated value of the thing exceeds $100,000.

(5) Despite subsection (4), a court that is hearing proceedings for an offence may deal with an application relating to a seized thing connected with that offence regardless of the estimated value of the thing.

(6) A court cannot make an order under this section in respect of a thing that has been seized by an authorised officer in the case of an emergency unless the Minister has given notice of the Minister's intention to declare the seized thing to be forfeited to the Minister.

(7) A court cannot make an order under this section in respect of a seized thing that has been forfeited to the Crown.

(8) A requirement to deliver a seized thing to its owner includes a requirement to remove or lift any restrictions on an owner's access to a seized thing.