39OReturn of substance to lawful owner

#### 39O Return of substance to lawful owner 39O Return of substance to lawful owner > > (1) A court may, on the application of a person who is lawfully entitled to a substance to which this Part applies or on its own motion, make an order that the substance be returned to the person if the substance has not been destroyed under this Part or the regulations. > > > (2) This Part does not prevent an order being made under section 43 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in relation to a substance to which this Part applies. > > > (3) An application for an order under this section, and an order under this section, may be made despite sections 39C and 39E. > > > (4) An application for an order under this section may be made to— > > > > > (a) a court in which proceedings for an offence relating to the substance have been commenced, or > > > > > (b) if proceedings have not commenced, or any such proceedings have been completed, the Local Court. > > > (5) This section is subject to section 39. > > **s 39O:** Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 \[3\].