Northern Territory Consolidated Acts

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ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 68

Retention of things seized

The following provisions apply in relation to a thing seized:

        (a)     it must be held by the authorised officer for adducing evidence for a prosecution for an offence against this Act unless the NT EPA authorises its release to its owner or the person who had possession of it immediately before its seizure;

        (b)     if a prosecution for an offence against this Act is started within 12 months after the seizure and the defendant is found guilty, the court may order the thing be forfeited to the Territory;

        (c)     the officer must release the thing to its owner or the person who had possession of it immediately before its seizure if:

            (i)     a prosecution for an offence against this Act is not started within 12 months after the seizure; or

            (ii)     on a prosecution being started within that period, the defendant is not found guilty or the court does not make an order under paragraph (b).



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