Western Australian Current Acts Western Australian Current Acts (1) A person claiming
to be lawfully entitled to possess anything seized and retained under this Act
may, if the application is not prevented by subsection (2) and the last day
for applying has not passed, apply to the Magistrates Court for an order that
the thing be delivered to the person.
(2) An application
cannot be made under subsection (1) for an order for the delivery of anything
if —
(a) an
order has been made under section 31(1) for its forfeiture or delivery; or
(b) a
relevant juvenile justice team matter that has commenced has not been finally
disposed of by the team; or
(c) a
relevant charge that has been laid has not been withdrawn or heard and
determined.
(3) In subsection (2)
—
relevant charge means a charge of an offence to
which the thing that was seized relates;
relevant juvenile justice team matter means a
matter to which the thing that was seized relates that is or was being dealt
with by a juvenile justice team.
(4) The last day for
applying for an order under subsection (1) is the 21 st day after the day on
which the thing was seized unless the last day for applying is postponed by
subsection (5).
(5) If, for any part
of the time when an application could otherwise be made in accordance with
subsection (4), the making of the application is prevented by subsection
(2)(b) or (c), the last day for applying (whether under subsection (4) or as
postponed by this subsection) is postponed until the 21 st day after the day
on which the making of the application ceases to be prevented by subsection
(2)(b) or (c).
(6) On an application
under subsection (1), the court may order that the thing seized be delivered
to the person making the application if the court is satisfied on the balance
of probabilities that the person is lawfully entitled to possess it.
(7) The court may
adjourn the application if it is satisfied that the thing seized should, for
the time being, continue to be retained because it is required for a reason
described in section 30(2)(a).
(8) If the last day
for applying under subsection (1) for an order for the delivery of a thing has
passed and either no application has been made or each application made has
been dealt with without ordering that the thing be delivered to a person, that
thing is forfeited to the Crown.
[Section 32 amended: No. 59 of 2004 s. 141.]