Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116ZD

    (1)     A person may apply to the director-general in writing for the return of any property seized by the director-general under a property seizure order.

    (2)     An application under subsection (1) must—

        (a)     be made within the holding period under section 116ZC for the property to which it relates; and

        (b)     clearly identify the items of property the applicant seeks to have returned (the disputed property ); and

        (c)     if the applicant is the fine defaulter to whom the seized property relates—state the reasons why a refusal to return the disputed property would cause undue hardship or unfairness to the applicant; and

        (d)     if the applicant is not the fine defaulter—state the following:

              (i)     the reasons why a refusal to return the disputed property would result in undue hardship or unfairness to the applicant;

              (ii)     whether the applicant claims a legal or equitable interest in the disputed property.

    (3)     The director-general must—

        (a)     consider an application made under subsection (1); and

        (b)     notify the applicant of the director-general's decision.

    (4)     In considering whether a refusal to return disputed property to an applicant would result in undue hardship or unfairness to the applicant, the director-general may take into account the following:

        (a)     the relationship between the applicant and any other person likely to be affected by the loss of the disputed property;

        (b)     if the property can be easily replaced;

        (c)     the value of the property;

        (d)     the applicant's claim over the property;

        (e)     if the applicant was aware of, or party to, the commission of an offence for which a fine was imposed and to which the seizure of the property relates;

        (f)     any other relevant matter.

    (5)     If the director-general refuses the application, the applicant may, within 28 days after the decision, apply to the Magistrates Court for an order for the return of the property.

Note     If a form is approved under the Court Procedures Act 2004

for this provision, the form must be used (see that Act, s 8 (2)).

    (6)     In considering the application, the Magistrates Court may take into account the matters mentioned in subsection (4).