83GReturn of seized things

83G Return of seized things

(1) Subject to subsection (2), if any thing is seized under this Act and—

(a) proceedings are not commenced against any person for any offence arising out of the circumstances of the seizure within 90 days after the seizure; or

(b) proceedings are commenced within 90 days after the seizure but are subsequently discontinued; or

(c) the reason for the seizure no longer exists—

the Secretary must order the return of the thing to the owner immediately and must notify the owner in writing accordingly.

(2) Subsection (1) does not apply to anything, the sale, possession or use of which, is prohibited by or under this Act.

(3) Any thing seized under this Act and not claimed within 12 months after the seizure, may be destroyed or sold and the proceeds of sale paid to the Consolidated Fund.

S. 83H inserted by No. 61/2003 s. 29.