41IReturn of seized things

41I Return of seized things (1) If a thing is seized under this division— (a) the thing must be returned to its owner; or (b) reasonable compensation must be paid to the owner by the Territory for the loss of the thing.

(2) However, the thing is not required to be returned and reasonable compensation is not required to be paid if— (a) both of the following apply: (i) a prosecution for an offence connected with the thing (a relevant offence) is started against the owner within the 1-year period; (ii) the proceeding (including any appeal) is finalised and the owner is convicted or found guilty of the offence; or (b) an infringement notice for a relevant offence is served on the owner within the 1-year period and— (i) the owner gives notice disputing liability for the offence in accordance with the Magistrates Court Act 1930, section 132; and (ii) an information is laid in the Magistrates Court against the owner within 60 days after the day the notice is given; and (iii) the proceeding (including any appeal) is finalised and the owner is convicted or found guilty of the offence; or (c) an infringement notice for a relevant offence is served on the owner within the 1-year period and— (i) the infringement notice penalty for the offence is paid; and (ii) the infringement notice is not withdrawn; or (d) possession of the thing by the owner would be an offence; or (e) a court makes an order under a territory law that the thing is forfeited to the Territory or must otherwise be dealt with.

(3) Also, the thing is not required to be returned and reasonable compensation is not required to be paid if the director-general is satisfied that— (a) the owner of the thing cannot be found after making reasonable inquiries (given the thing’s apparent value); or (b) the thing cannot be returned to its owner after making reasonable efforts (given the thing’s apparent value). (4) If subsection (2) (a) to (d) or subsection (3) applies— (a) the thing is forfeited to the Territory; and (b) the director-general may direct that the thing be sold, destroyed or otherwise disposed of. (5) In this section: 1-year period, in relation to a seized thing, means a period of 12 months beginning on the day after the day the thing was seized.