169Return of things seized

169 Return of things seized (1) A thing seized under this chapter must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if— (a) an infringement notice for an offence connected with the thing is not served on the owner within 1 year after the day of the seizure and either— (i) a prosecution for an offence connected with the thing is not begun within the 1-year period; or (ii) a prosecution for an offence connected with the thing is begun within the 1-year period but the court does not find the offence proved; or (b) an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and— (i) a prosecution for an offence connected with the thing is not begun within the 1-year period; or (ii) a prosecution for an offence connected with the thing is begun within the 1-year period but the court does not find the offence proved; or

(c) an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or (ii) the Magistrates Court does not find the offence proved; or (d) before the thing is forfeited to the Territory under section 173 (Forfeiture of seized things), the work health and safety commissioner— (i) becomes satisfied that there has been no offence against this Act with which the thing was connected; or (ii) decides not to prosecute or serve an infringement notice for the offence. (2) However, this section does not apply— (a) to a thing seized under section 152 (4) (which is about the seizure of things that pose a risk to the health or safety of people or of damage to property or the environment)); or (b) to a thing if the work health and safety commissioner believes, on reasonable grounds, that the only practical use of the thing in relation to the premises where it was seized would be an offence against this Act; or (c) to a thing if possession of it by its owner would be an offence.