Western Australian Current Acts Western Australian Current Acts (1) A person may apply
to the enforcement agency concerned for compensation for an item seized under
this Part, but only if —
(a) the
period allowed by section 261(a) for lodging an application under the
Criminal and Found Property Disposal Act 2006 section 11 for an order for the
release of the item has expired and no application has been lodged; or
(b) any
application for such an order lodged within that period has been refused or
has been withdrawn before a decision on the application has been made.
(2) On an application
made under this section, the enforcement agency concerned must pay the
compensation that is just and reasonable in relation to any item seized under
this Part if —
(a) no
contravention of this Act has been committed in relation to the item; and
(b) the
item cannot be returned or has in consequence of the seizure depreciated in
value.
(3) The enforcement
agency must give to the person from whom the item was seized and any person
seeking compensation under this section written notification of —
(a) the
decision to pay or to refuse to pay compensation under this section; and
(b) if
compensation is to be paid, the decision as to the amount of compensation that
is just and reasonable.
(4) If the enforcement
agency has not decided an application for compensation under this section
within 30 working days after receiving the application, the enforcement agency
is to be taken, on the expiry of that period, to have refused to pay any
compensation.
(5) If an enforcement
agency decides to pay compensation under this section in relation to an item,
the compensation must be paid to the person from whom the item was seized or
any other person who appears to the enforcement agency to be entitled to it.