NTIn ForceAct
Fisheries Act 1988
46MHow Court deals with matter
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46M How Court deals with matter
(1) On an application under section 46K(1) or 46L(1), the Local Court
may order that the seized property or proceeds of sale is forfeit to
the Territory, if the Court is satisfied, on the balance of probabilities,
that the alleged offender committed the confiscation offence in
relation to which the property was seized.
(2) If the Local Court does not make an order under subsection (1), the
Court must order that the seized property or proceeds of sale be
delivered to the alleged offender or, if that person is not the owner
of the seized property, the owner.
(3) An order under subsection (1) does not constitute a finding of guilt
for an offence.