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Fair Trading (Australian Consumer Law) Act 1992
48Return of things seized
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48 Return of things seized
(1) A thing seized under this division 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) a prosecution for an offence relating to the thing is not begun
within 90 days after the day of the seizure; or
(b) the court does not find the offence proved in a prosecution for
an offence against the fair trading legislation relating to the
thing.
(2) A thing seized under this division is forfeited to the Territory if a
court—
(a) finds an offence against the fair trading legislation relating to the
thing to be proved; and
(b) orders the forfeiture.
(3) If subsection (2) (a) applies, but a court does not order forfeiture of
the thing seized, the commissioner must return the thing to its owner
or the Territory must pay reasonable compensation to the owner for
the loss of the thing.