Northern Territory Numbered Acts Northern Territory Numbered Acts(1) As soon as practicable after a rail safety officer seizes anything (including a document) under this Part, the officer must return the thing to the owner unless:
(a) the officer considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act; or
(b) the thing is forfeited to the Territory under this Act; or
(c) the officer is otherwise authorised (by law or an order of a court) to retain, destroy or dispose of the thing.
(2) The thing may be returned either unconditionally or on terms and conditions that the rail safety officer considers appropriate to eliminate or reduce any risks to safety.
(3) If the rail safety officer, by notice to the owner, imposes a term or condition on the return of a thing, the owner must comply with the term or condition.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes a reasonable excuse.