Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A police officer may apply to a magistrate for an order under subsection (3), (4) or (5) for a seized item.
(2) The magistrate must allow the owner of the item to appear and be heard at the determination of the application.
(3) If the magistrate is satisfied the item is evidence of, or relating to, a terrorist act or serious indictable offence, the magistrate must order the item be retained by the police officer for the period specified in the order.
(4) If the magistrate is satisfied there are reasonable grounds to suspect that, if the item is returned to the owner, the item is likely to be used in the commission of a terrorist act or serious indictable offence, the magistrate may order that the item:
(a) be retained by the police officer for the period specified in the order; or
(b) is forfeited to the Territory; or
(c) be sold and the proceeds given to the owner; or
(d) be otherwise sold or disposed of.
(5) If the magistrate is satisfied the item poses a threat to the health or safety of persons or a threat to the environment, the magistrate may order the item be destroyed or otherwise disposed of.
(6) If the magistrate is not satisfied as to the matters mentioned in subsections (3), (4) and (5), the magistrate must order the item be returned to the owner.