Regulation 255 — Application for return — lawful owner
Text of provision
(1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the lawful owner may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(2) was provided.
(2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that at the time of the seizure they were the lawful owner and that they are still the lawful owner.
(3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that
(a) they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were the lawful owner and that they are still the lawful owner; and
(b) they exercised reasonable care to satisfy themselves that the person to whom they gave possession of the thing was not likely to fraudulently or improperly use it.
(4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, the thing shall be returned to the applicant if they demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were the lawful owner and that they are still the lawful owner.