Return of seized things
69EGB Return of seized things
An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens:
the reason for the thing’s seizure no longer exists;
it is decided that the thing is not to be used in evidence;
the period of 60 days after the thing’s seizure ends.
Exceptions
Subsection (1):
is subject to any contrary order of a court; and
does not apply if the thing:
is forfeited or forfeitable to the APVMA (see section 69ET); or
is the subject of a dispute as to ownership.
The inspector is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:
proceedings in which the thing may be used in evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
the inspector may keep the thing because of an order under section 69EGC; or
the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.
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