Australian Capital Territory Consolidated Acts

CLINICAL WASTE ACT 1990 - SECT 36

    (1)     The controller must take reasonable steps to return a thing seized under section 34 (e) to the person from whom it was seized, or to someone else who appears to the controller to be entitled to it, if—

        (a)     a prosecution for an offence against this Act in relation to the thing is not started within 90 days after the day of the seizure; or

        (b)     a person is charged with an offence against this Act in relation to the thing within the 90-day period but the person is not convicted or found guilty of the offence.

    (2)     If a person is convicted or found guilty of an offence against this Act in relation to a thing seized under section 34 (e), the court may order—

        (a)     that the thing be given to the person who appears to the court to be entitled to it; or

        (b)     that the thing be forfeited to the Territory.