Australian Capital Territory Repealed Acts

This legislation has been repealed.

STOCK ACT 1991 (REPEALED) - SECT 36Q

    (1)     The controller shall hold a thing seized under this part for the purpose of adducing evidence in a prosecution for an offence against this part.

    (2)     The controller may authorise the release of a thing held under subsection (1) to its owner or the person who had possession, custody or control of the thing immediately before it was seized.

    (3)     If a thing is seized under this part and—

        (a)     a prosecution for an offence against this part involving the thing is instituted within 6 months; and

        (b)     the defendant is found guilty;

the court may make any order in relation to the thing.

    (4)     If a thing is seized under this part and—

        (a)     a prosecution for an offence against this part is not instituted within 6 months; or

        (b)     a prosecution is instituted within that period and—

              (i)     the prosecution is discontinued; or

              (ii)     the defendant is found not guilty; or

              (iii)     the court does not make an order under subsection (2);

the controller shall release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.