ACTIn ForceAct
Public Health Act 1997
88Return of seized things
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88 Return of seized things
(1) This section applies where, after a thing has been seized under this
part—
(a) at the expiration of the period of 3 months after the seizure of
the thing, no proceedings have been commenced in relation to
any alleged offence against this Act in respect of the thing; or
(b) if such proceedings were commenced within that period—the
charge has been withdrawn or the proceedings (including any
appeal in relation to those proceedings) have otherwise been
determined with no conviction being recorded; or
(c) the Minister becomes satisfied at any time that no contravention
of this Act has been committed in respect of the thing.
(2) Where this section applies, and the thing seized has not been
destroyed or disposed of in a manner that would prevent its being
dealt with under this subsection, the Minister must cause the thing to
be delivered to—
(a) the person from whom it was seized; or
(b) any other person the Minister believes to be entitled to it.
(3) Where anything is delivered under subsection (2) after being forfeited
to the Territory under section 90, the forfeiture is not to be taken to
have affected any proprietary or any other interests in the thing
existing before the forfeiture.