Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person claiming to be entitled to anything seized under this part may apply to a court for an order disallowing the seizure.
(2) In deciding whether to make an order under this section, the court must consider whether—
(a) the applicant has a legal or equitable interest in the thing; and
(b) the thing has evidential value in relation to a prosecution, including—
(i) the seriousness of any charge or likely charge; and
(ii) whether evidence about the thing can be presented without tendering the thing (for example, by tendering a photograph of the thing); and
(c) the thing has been replaced; and
(d) the applicant or another person requires the thing for business purposes or for the generation of income; and
(e) the seizure of the thing will cause hardship to the applicant or another person; and
(f) the thing has sentimental value to the applicant or another person.
(3) However, the court must not make an order if—
(a) possession of the thing by the applicant or another person would be an offence; or
(b) it would be dangerous or unsafe for the applicant or another person to possess the thing; or
(c) the thing is the subject of an application under the Confiscation of Criminal Assets Act 2003
; or
(d) the thing may be seized or forfeited under another territory law.
(4) If the court refuses to make an order disallowing the seizure under this section, the court may order that the thing be destroyed.