sec.118Application by owner etc. for return of things

### sec.118 Application by owner etc. for return of things This section applies to a thing that has been in the possession of the commission for at least 30 days. A person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person. The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the chairperson; anyone else the person reasonably believes has a legal or equitable interest in the thing. The magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied— the person may lawfully possess the thing; and it is appropriate that the thing be delivered to the person. However, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing— may be evidence in a proceeding started in relation to the thing; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act . s 118 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) (sec.118-ssec.1) This section applies to a thing that has been in the possession of the commission for at least 30 days. (sec.118-ssec.2) A person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person. (sec.118-ssec.3) The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the chairperson; anyone else the person reasonably believes has a legal or equitable interest in the thing. (sec.118-ssec.4) The magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied— the person may lawfully possess the thing; and it is appropriate that the thing be delivered to the person. (sec.118-ssec.5) However, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing— may be evidence in a proceeding started in relation to the thing; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act . - (a) the chairperson; - (b) anyone else the person reasonably believes has a legal or equitable interest in the thing. - (a) the person may lawfully possess the thing; and - (b) it is appropriate that the thing be delivered to the person. - (a) may be evidence in a proceeding started in relation to the thing; or - (b) is a thing used in or for manufacturing a dangerous drug; or - (c) may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .