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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
68Retention of things seized
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68 Retention of things seized
The following provisions apply in relation to a thing seized:
(a) it must be held by the authorised officer for adducing evidence
for a prosecution for an offence against this Act unless the
CEO authorises its release to its owner or the person who had
possession of it immediately before its seizure;
(b) if a prosecution for an offence against this Act is started within
12 months after the seizure and the defendant is found guilty,
the court may order the thing be forfeited to the Territory;
(c) the officer must release the thing to its owner or the person
who had possession of it immediately before its seizure if:
(i) a prosecution for an offence against this Act is not
started within 12 months after the seizure; or
(ii) on a prosecution being started within that period, the
defendant is not found guilty or the court does not make
an order under paragraph (b).