Western Australian Numbered Acts

PUBLIC HEALTH ACT 2016 (NO. 18 OF 2016) - SECT 263

263 .         Return of forfeited item

        (1)         This section applies if —

            (a)         an item seized under this Part —

                  (i)         is forfeited under this Division; but

                  (ii)         has not been destroyed or otherwise disposed of in a manner that would prevent its return;

                and

            (b)         the enforcement agency becomes satisfied that no contravention of this Act has been committed in relation to the item.

        (2)         If this section applies, the item must, as soon as is practicable, be delivered to the person from whom it was seized, or any other person who appears to the enforcement agency concerned to be entitled to it.

        (3)         On the item being so delivered, any proprietary and other interests in the item that existed immediately before its forfeiture are restored.