Northern Territory Numbered Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 (NO 7 OF 2011) - SECT 94

    (1)     On hearing the application, the Local Court must make an order disallowing the seizure of the seized thing if it is satisfied:

    (a)     it is:

        (i)     proved the applicant would be entitled to the thing if it had not been seized; and

        (ii)     not proved an offence relating to the thing has been committed against this Act; or

    (b)     there are exceptional circumstances justifying the making of the order.

    (2)     Otherwise, the Court must dismiss the application.