121Return of things seized

121 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if— (a) an infringement notice for an offence relating to the thing is not served on the owner within 90 days after the day of seizure and a prosecution for an offence relating to the thing— (i) is not started within the 90-day period; or (ii) is started within the 90-day period but the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on the owner within 90 days after the day of seizure, the infringement notice is withdrawn and a prosecution for an offence relating to the thing— (i) is not started within the 90-day period; or (ii) is started within the 90-day period but the court does not find the offence proved; or (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and an information— (i) is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or

(ii) is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved. (2) However, this section does not apply— (a) to a thing seized under section 106 (4) (which is about the seizure of things that pose a risk to the health or safety of people or of damage to property or the environment); or (b) to a thing if the chief health officer believes on reasonable grounds that the only practical use of the thing in relation to the premises where it was seized would be an offence against this Act or another territory law; or (c) to a thing if possession of it by its owner would be an offence. Note See also section 125 (Forfeiture of seized things).