323Summary orders where competing claims to goods

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.