Freedom Camping Act 2011

39 Return of property seized and impounded

• (1) The owner of property that has been seized and impounded under section 37, or the person from whom the property was seized, may request the local authority concerned or the Director-General to return the property.

  (2) The local authority or the Director-General must return the property if—

  • (a) the property is in future not likely to be used in any offence of the kind for which it was seized; and

  • (b) the owner or person has paid, or tenders with the request payment of, the costs of the local authority or the Department in seizing, impounding, transporting, and storing the property.

  (3) If the local authority or the Director-General refuses to return the property, the owner or person from whom it was seized may apply to a District Court to review the decision of the local authority or the Director-General.

  (4) The District Court may—

  • (a) confirm the decision of the local authority or the Director-General to refuse to return the property; or

  • (b) order that the property be returned unconditionally or subject to any conditions that the court thinks fit.

  (5) To avoid doubt, nothing in this section—

  • (a) affects or limits the liability of any person for the offence in relation to which the property was seized; or

  • (b) affects or limits the rights of the local authority or the Director-General to commence or continue proceedings for the offence in relation to which the property was seized.