Australian Capital Territory Consolidated Acts

TOBACCO ACT 1927 - SECT 42

    (1)     A seized item shall be returned to its owner, or compensation shall be paid to the owner by the Territory for the loss of the item, if—

        (a)     a prosecution for an offence relating to the item is not instituted within 90 days of the seizure; or

        (b)     the court does not find the offence proved in a prosecution for an offence relating to the item.

    (2)     A seized item is forfeited to the Territory if—

        (a)     a court finds an offence relating to the item proved; and

        (b)     the court so orders.

    (3)     If subsection (2) (a) applies, but a court does not make an order under subsection (2) (b), the seized item shall be returned to its owner, or compensation shall be paid to the owner by the Territory for the loss of the item.

    (4)     In this section:

"compensation" means compensation on just terms.

"seized item" means a thing seized by an authorised officer under section 37 (e).