SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66ZD Return of seized property—application to Magistrates' Court

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66ZD

    (1)     The following persons may apply to the Magistrates' Court for the return of a thing seized under section 66Y —

        (a)     the registrable offender;

        (b)     if the registrable offender is not the owner of the thing seized, the owner.

    (2)     The applicant must serve a copy of the application as soon as practicable on the Chief Commissioner of Police.

    (3)     The Magistrates' Court may order the seized thing be returned to the applicant if satisfied on the balance of probabilities that—

        (a)     the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and

        (b)     the thing is not subject to forfeiture, destruction or disposal under this Act

or any other Act.

    (4)     The Magistrates' Court may refuse to make an order under subsection (3) if the Court is satisfied that the applicant is not the owner of the thing.

S. 66ZE inserted by No. 21/2016 s. 8.