Western Australian Current Acts Western Australian Current Acts (1) The CEO may at any
time before a prosecution involving the thing seized is started authorise the
return of the thing seized to its owner or person entitled to the possession
of the thing or the person from whom the thing was seized.
(2) The CEO may
authorise the return of the thing on such conditions as the CEO thinks fit,
including a condition that the person give security to the CEO for payment of
the value of the thing if it is forfeited.
(3) A person must not
contravene a condition imposed under subsection (2).
(4) If a court
convicts a person of an offence against subsection (3), the court may, in
addition to any penalty imposed under that subsection, order the person to pay
compensation for any damage or loss caused by the offence to any person.
(5) Subject to
section 92B, subsection (1) and any order for forfeiture made under this Act,
the CEO is to order the return of the seized thing to its owner or the person
entitled to the possession of the thing or the person from whom the thing was
seized at the end of —
(a) 12
months from the time it was seized; or
(b) if a
prosecution for an offence involving the thing is started within that 12
months — the prosecution for the offence and any appeal from the
prosecution.
[Section 92C inserted: No. 14 of 1998 s. 13;
amended: No. 54 of 2003 s. 140(2).]