s.20Application for restoration
20
Section 20Part 6 — Enforcement

Application for restoration

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A person from whom a tobacco product or thing was seized may, within ten days after the date of seizure, apply to a magistrate or Justice of the Peace for an order of restoration.
The magistrate or Justice of the Peace may order that the tobacco product or thing be restored immediately to the applicant if, on hearing the application, the magistrate or Justice of the Peace is satisfied —
that the applicant is entitled to possession of the tobacco product or thing seized; and
that the tobacco product or thing seized is not and will not be required as evidence in proceedings in respect of an offence under this Law.
Where on hearing an application made under subsection (1) the magistrate or Justice of the Peace is satisfied that the applicant is entitled to the tobacco product or thing seized but is not satisfied with respect to the matters mentioned in subsection (2)(b), the magistrate or Justice of the Peace may order that the product or thing seized be restored to the applicant —
on the expiration of one hundred and eighty days after the date of seizure if no proceedings in respect of an offence under this Law have been commenced before that time; or
on the final conclusion of any such proceedings, in any other case.
The magistrate or Justice of the Peace may not make an order under this section for restoration of a tobacco product or thing if it has been forfeited by consent under section 21(3).
Where the circumstances surrounding the seizure and detention of the tobacco product or thing by the Authorised Officer are determined by the court —
not to have met the requirements of this Law, it shall be returned immediately to the premises from which it was seized; or
to have met the requirements of this Law, it may be confiscated or destroyed or subject to other disposal as ordered by the court.

Cross References

Referenced By