(1)  A person may apply to the Secretary for the return of any thing seized from the person.

(2)  An application is to be –

(a) in writing; and

(b) made within –

(i) 3 months after the seizure; or

(ii) 6 weeks after proceedings are discontinued or the person is acquitted.

(3)  The Secretary may –

(a) approve an application if satisfied that –

(i) proceedings for an alleged offence in respect of which any thing was seized were not instituted and are not to be instituted; and

(ii) the circumstances warrant the approval; or

(b) refuse to approve the application if not so satisfied.

(4)  The Secretary must approve an application by a person if proceedings are discontinued or the person is acquitted.

(5)  If a thing seized is sold before an application for its return is approved, the applicant is to be paid the proceeds of the sale of the thing less any reasonable costs incurred in maintaining, storing and selling it.

(6)  If an application for the return of any seized thing is not made within the period referred to in subsection (2) , the thing is forfeited to the Crown.

(7)  This section does not apply to any fish forfeited under this Act.