70SReturn of things seized

70S 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 the 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relating to the thing is served on the owner within 90 days after the day of the seizure, the infringement notice is withdrawn and a prosecution for an offence relating to the thing— (i) is not started within the 90-day period; or (ii) is started within the 90-day period but the court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the offence proved; or (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of the seizure, liability for the offence is disputed under the Magistrates Court Act 1930, section 132 (Disputing liability for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 of that Act 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; or

(d) before the thing is forfeited to the Territory under section 70T, the director-general— (i) becomes satisfied that there has been no offence against this Act with which the thing was connected; or (ii) decides not to prosecute or have an infringement notice served for the offence. (2) However, this section does not apply to a thing if— (a) the director-general 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 (b) possession of the thing by its owner would be an offence.