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Consumer Affairs and Fair Trading Act 1990
323Summary orders where competing claims to goods
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323 Summary orders where competing claims to goods
(1) A police officer may apply to the Local Court for an order under this
section where the member:
(a) has seized under this Part; or
(b) under any other written law has seized from:
(i) a pawnbroker or second-hand dealer; or
(ii) a person who obtained from a pawnbroker or second-
hand dealer;
goods suspected to have been stolen or otherwise unlawfully
obtained, and competing claims have been made as to rights in
respect of the goods.
(2) A copy of an application for an order under subsection (1) is to be
served on each person who, in the opinion of the Local Court, has
made a competing claim as to rights in respect of the goods.
(3) The Local Court may:
(a) make an order for the delivery of the goods to the party who
appears to be the rightful owner of the goods; or
Consumer Affairs and Fair Trading Act 1990 133
(b) where the owner cannot be ascertained, make such order with
respect to the goods as the Court thinks fit;
and may make an order for the payment by or to a party making a
claim for the goods of an amount of money as determined by the
Court at or by the time stated in the order.