98Return of seized thing

98 Return of seized thing (1) If a thing was seized under this part and 1 of the circumstances set out in section 99 applies— (a) the thing must be returned to its owner; or (b) if the thing cannot be returned to its owner because it is lost— reasonable compensation must be paid by the Territory to the owner. Note 1 Lost includes destroyed and spoiled (see s (4)). Note 2 The thing must be returned, or compensation paid, as soon as possible (see Legislation Act, s 151B). (2) However, a thing is not required to be returned, or reasonable compensation is not required to be paid, if— (a) the thing is the subject of an application to a court, or a court order, in relation to the seizure or forfeiture of the thing; and (b) the application or order is made in relation to the thing under another law in force in the ACT. An application for the forfeiture of the seized thing is made to a court under the Confiscation of Criminal Assets Act 2003.

(3) Also, a thing is not required to be returned, or reasonable compensation is not required to be paid, if— (a) the thing was seized under section 81 (4) (which is about seizing things that put the health or safety of people at risk or may cause damage to property or the environment); or (b) the responsible person believes on reasonable grounds that the only practical use of the thing in relation to the premises where the thing was seized or vehicle from which it was seized would be an offence against this Act or another law in force in the ACT; or (c) possession of it by its owner would be an offence. lost includes destroyed and spoiled.