sec.50Application to court by owner for return of prohibited item

sec.50 Application to court by owner for return of prohibited item

This section applies if a police officer seizes a prohibited item from— restricted premises in the exercise of powers under section 49 ; or premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act. A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to— the person (the applicant ); or someone else named in the application as the person to whom the item may be delivered (the nominee ). The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the commissioner; anyone else the person reasonably believes has a legal or equitable interest in the item. In this section— prohibited item does not include an item that is— evidence of the commission of an offence; or forfeited to the State under an Act. s 50 ins 2016 No. 62 s 267 (sec.50-ssec.1) This section applies if a police officer seizes a prohibited item from— restricted premises in the exercise of powers under section 49 ; or premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act. (sec.50-ssec.2) A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to— the person (the applicant ); or someone else named in the application as the person to whom the item may be delivered (the nominee ). (sec.50-ssec.3) The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the commissioner; anyone else the person reasonably believes has a legal or equitable interest in the item. (sec.50-ssec.4) In this section— prohibited item does not include an item that is— evidence of the commission of an offence; or forfeited to the State under an Act.

• (a) restricted premises in the exercise of powers under section 49 ; or
• (b) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.
• (a) the person (the applicant ); or
• (b) someone else named in the application as the person to whom the item may be delivered (the nominee ).
• (a) the commissioner;
• (b) anyone else the person reasonably believes has a legal or equitable interest in the item.
• (a) evidence of the commission of an offence; or