Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A court convicting
a person of an offence may order that —
(a)
anything relating to the offence, whether or not it has been seized and
retained by a police officer under this Act, is forfeited to the Crown;
(b)
anything relating to the offence that has been seized and retained by a police
officer under this Act be delivered to another person who is lawfully entitled
to possess it.
(2) A person claiming
to be lawfully entitled to possess anything in respect of which an order may
be made under subsection (1)(b) may, in connection with the making of an
order —
(a) be
heard in the proceedings for the offence;
(b) make
an application under section 71 of the Criminal Procedure Act 2004
as if the person were a party to the prosecution for the offence; and
(c)
appeal against the order under Part 2 of the Criminal Appeals
Act 2004 .
[Section 31 amended by No. 59 of 2004
s. 141; No. 84 of 2004 s. 78.]