Australian Capital Territory Consolidated Acts

FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 12H

    (1)     A thing seized under this division must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—

        (a)     a prosecution for an offence relating to the thing is not begun within 90 days after the day of the seizure; or

        (b)     the court does not find the offence proved in a prosecution for an offence against the fair trading legislation relating to the thing.

    (2)     A thing seized under this division is forfeited to the Territory if a court—

        (a)     finds an offence against the fair trading legislation relating to the thing to be proved; and

        (b)     orders the forfeiture.

    (3)     If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, the commissioner must return the thing to its owner or the Territory must pay reasonable compensation to the owner for the loss of the thing.