54Disallowance of seizure

#### 54 Disallowance of seizure 54 Disallowance of seizure > > (1) Any person claiming to be entitled to any seized item (other than a sample of any substance taken for analysis or testing) may, within 10 days after the date on which the seizure took place, make an application to the Local Court for an order disallowing the seizure. > > > (2) An application made under this section must not be heard unless the applicant has served a copy of the application on the Secretary. > > > (3) The Secretary is entitled to appear as respondent at the hearing of an application made under this section. > > > (4) The Local Court must, on the hearing of an application made under this section, make an order disallowing the seizure if— > > > > > (a) the Court is satisfied that— > > > > > > > (i) the applicant would, but for the seizure, be entitled to the seized item, and > > > > > > > (ii) the respondent has failed to prove beyond all reasonable doubt that, at the time of the seizure, an offence was being or had been committed in relation to the seized item, or > > > > > (b) the Court is of the opinion that there are exceptional circumstances justifying the making of an order disallowing the seizure. > > > (5) In any other case, the Local Court must refuse the application. > > > (6) If on the hearing of an application made under this section it appears to the Local Court that the seized item that is the subject of the application is required to be produced in evidence in any pending proceedings in connection with an offence against this Act or the regulations, the Court may, either on the application of the respondent or on its own motion, adjourn the hearing until the conclusion of those proceedings. > > > (7) If the Local Court makes an order under subsection (4) disallowing the seizure of any seized item, the Court must also make one or both of the following orders— > > > > > (a) an order directing the respondent to cause the seized item to be delivered to the applicant or to such other person as appears to the Court to be entitled to it, > > > > > (b) if the seized item cannot for any reason be so delivered or has in consequence of the seizure depreciated in value, an order directing the Secretary to pay to the applicant such amount by way of compensation as the Court considers to be just and reasonable. > > > (8) The award of costs with respect to the hearing of an application made under this section is at the discretion of the Local Court. > > > (9) If the Local Court makes an order for the payment of any amount as compensation under subsection (7) (b) or awards any amount as costs under subsection (8), that order is enforceable as a judgment of the Court. > > **s 54:** Am 2009 No 106, Sch 4.1.