Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 89

89. (1) A person claiming to be entitled to any thing seized under this Part may apply to a court of competent jurisdiction for an order disallowing the seizure within 10 days after the seizure.

(2) An application under subsection (1) shall be made in accordance with the relevant rules of court and shall not be heard unless the applicant has served a copy of the application on the authorised officer responsible for the relevant seizure.

(3) The authorised officer responsible for the relevant seizure is entitled to appear as respondent at the hearing of an application.

(4) If, on the hearing of an application, it appears to the court that the thing seized is required to be produced in evidence in any pending proceedings in connection with an offence against this Act, the court may, on the application of the respondent, or on its own motion, adjourn the hearing until the conclusion of those proceedings.

(5) On the hearing of an application, the court may make an order disallowing the seizure—

        (a)     if—

              (i)     it is proved that the applicant would, but for the seizure, be entitled to the return of the thing seized; and

              (ii)     it is not proved beyond reasonable doubt that an offence was being or had been, at the time of the seizure, committed, being an offence with which the thing is connected; or

        (b)     if there are exceptional circumstances justifying the making of an order disallowing the seizure.

(6) If the court makes an order disallowing a seizure, the court may make any or all of the following ancillary orders:

        (a)     an order directing the respondent to cause the thing to be delivered to the applicant or to such other person as appears to the court to be entitled to it;

        (b)     if the thing cannot for any reason be so delivered or the thing has in consequence of the seizure depreciated in value—an order directing the Territory to pay to the applicant just and reasonable compensation;

        (c)     if the applicant has sustained financial loss by reason of the seizure—an order directing the Territory to pay the applicant just and reasonable compensation;

        (d)     an order giving directions about the payment of all or any of the costs and expenses of the application.