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Heritage Act 2011
107Retention of things seized
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107 Retention of things seized
The following provisions apply in relation to a thing seized:
(a) it must be held by the heritage 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, on a prosecution for an offence against this Act, the
defendant is found guilty of the offence, 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 the period provided by section 52 of the
Local Court (Criminal Procedure) Act 1928; 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).