54Disallowance of
seizure
(1)
Any person claiming to be entitled to any seized
item (other than a sample of any substance taken for analysis or testing) may,
within 10 days after the date on which the seizure took place, make an
application to the Local Court for an order disallowing the
seizure.
(2)
An application made under this section must not
be heard unless the applicant has served a copy of the application on the
Director-General.
(3)
The Director-General is entitled to appear as
respondent at the hearing of an application made under this
section.
(4)
The Local Court must, on the hearing of an
application made under this section, make an order disallowing the seizure
if:
(a)
the Court is satisfied that:
(i)
the applicant would, but for the seizure, be
entitled to the seized item, and
(ii)
the respondent has failed to prove beyond all
reasonable doubt that, at the time of the seizure, an offence was being or had
been committed in relation to the seized item, or
(b)
the Court is of the opinion that there are
exceptional circumstances justifying the making of an order disallowing the
seizure.
(5)
In any other case, the Local Court must refuse
the application.
(6)
If on the hearing of an application made under
this section it appears to the Local Court that the seized item that is the
subject of the application is required to be produced in evidence in any
pending proceedings in connection with an offence against this Act or the
regulations, the Court may, either on the application of the respondent or on
its own motion, adjourn the hearing until the conclusion of those
proceedings.
(7)
If the Local Court makes an order under
subsection (4) disallowing the seizure of any seized item, the Court must also
make one or both of the following orders:
(a)
an order directing the respondent to cause the
seized item to be delivered to the applicant or to such other person as
appears to the Court to be entitled to it,
(b)
if the seized item cannot for any reason be so
delivered or has in consequence of the seizure depreciated in value, an order
directing the Director-General to pay to the applicant such amount by way of
compensation as the Court considers to be just and
reasonable.
(8)
The award of costs with respect to the hearing of
an application made under this section is at the discretion of the Local
Court.
(9)
If the Local Court makes an order for the payment
of any amount as compensation under subsection (7) (b) or awards any amount as
costs under subsection (8), that order is enforceable as a judgment of the
Court.
s 54: Am 2009 No 106,
Sch 4.1.