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Water Resources Act 2007
93Return or forfeiture of things seized
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93 Return or forfeiture 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the infringement notice is withdrawn and a prosecution for an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served on the owner and not withdrawn within 90 days after the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 in
accordance with 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 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.
Return and forfeiture of things seized Division 10.4
(2) If anything seized under this part is not required to be returned or
reasonable compensation is not required to be paid under
subsection (1), the thing—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of as the authority
directs.
Part 11 Notification and review of decisions
Part 11 Notification and review of
decisions
94 Meaning of reviewable decision—pt 11
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.