59Order for return of seized thing

59 Order for return of seized thing (1) This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 58 for an order disallowing the seizure.

(2) The Magistrates Court must make an order disallowing the seizure if— (a) it is proved that the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) it is not proved there is an offence against this Act with which the thing is connected. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the (4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the chief health officer to return the thing to the applicant or to someone else that appears to be entitled to it; (b) if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application. (5) The awarding of costs is at the discretion of the Magistrates Court. (6) If the Magistrates Court makes an order for the payment of compensation or for costs, the order is enforceable as a judgment of the court.