27Retention and disposal of seized property

27 Retention and disposal of seized property

27 Retention and disposal of seized property

(1) A substance or thing seized by an authorised officer under this Act may be retained for 6 months (or a longer period approved under subsection (3)) but then must be returned to the person from whom it was seized unless—

(a) it has been forfeited to the Crown under section 26, or

(b) the Authority gives notice in the prescribed manner before that period expires to the effect that application will be made under section 26 on a specified day for forfeiture to the Crown of the substance or thing.

(2) Unless the substance or thing is forfeited to the Crown as a result of the making of that application, the Authority is to return it to the person from whom it was seized or to the person who appears to the Authority to be entitled to possession of it.

(3) The Local Court or the Land and Environment Court may on the application of the Authority approve the retention of a seized substance or thing for a specified period longer than 6 months.

s 27: Am 2002 No 14, Sch 3 [11]; 2007 No 94, Sch 3; 2017 No 21, Sch 4 [7].