271Discretionary release of seized things

271 Discretionary release of seized things (1) The Commissioner of Police may release a thing seized under this Act: (a) on the Commissioner's own initiative: or (b) on application by a person who owns, or has an interest in, the thing; or (c) on application by any other party affected by the seizure. (2) The Commissioner of Police must consider the following matters when making a decision under this section to release a thing: (a) whether releasing the thing would lessen or prevent hardship to a person; (b) whether releasing the thing would benefit the community; (c) whether releasing the thing would significantly diminish the evidentiary value of the thing for any proceeding; (d) the seriousness and frequency of the forfeiture offences in respect of which the thing was seized; (e) whether it is likely that the thing, if released, would be used in the commission of further forfeiture offences; (f) any other matters the Commissioner considers relevant. (3) The Commissioner of Police may invite anyone who appears to own, or have an interest in, the thing to apply for its release. (4) As soon as practicable after an application is made, the Commissioner of Police must: (a) approve the application and release the thing; or (b) refuse the application. (5) The Commissioner of Police may attach conditions to the release of a thing under this section.

Liquor Act 2019 147