232Return of seized things

### 232 Return of seized things > > (1)  [*\[Section 232 Subsection (1) substituted by No. 45 of 1997, s. 44, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS44@Hpa@EN) A person may apply to the Secretary for the return of any thing seized from the person. > > > (2)  [*\[Section 232 Subsection (2) substituted by No. 45 of 1997, s. 44, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS44@Hpa@EN) An application is to be – > > > > > > (a) in writing; and > > > > > > > (b) made within – > > > > > > > > > > (i) 3 months after the seizure; or > > > > > > > > > > > (ii) 6 weeks after proceedings are discontinued or the person is acquitted. > > > (3)  [*\[Section 232 Subsection (3) substituted by No. 45 of 1997, s. 44, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS44@Hpa@EN) The Secretary may – > > > > > > (a) approve an application if satisfied that – > > > > > > > > > > (i) proceedings for an alleged offence in respect of which any thing was seized were not instituted and are not to be instituted; and > > > > > > > > > > > (ii) the circumstances warrant the approval; or > > > > > > > (b) refuse to approve the application if not so satisfied. > > > (4)  [*\[Section 232 Subsection (4) substituted by No. 45 of 1997, s. 44, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS44@Hpa@EN) The Secretary must approve an application by a person if proceedings are discontinued or the person is acquitted. > > > (5)  [*\[Section 232 Subsection (5) amended by No. 45 of 1997, s. 44, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS44@Hpb@EN) If a thing seized is sold before an application for its return is approved, the applicant is to be paid the proceeds of the sale of the thing less any reasonable costs incurred in maintaining, storing and selling it. > > > (6)  If an application for the return of any seized thing is not made within the period referred to in [subsection (2)](#GS232@Gs2@EN) , the thing is forfeited to the Crown. > > > (7)  This section does not apply to any fish forfeited under this Act.