Environment Protection and Biodiversity Conservation Act 1999

This section applies to a cage or container that is seized under section 456AA because it contains a seizable thing.

The cage or container may be retained for so long as an authorised officer considers that it is reasonably necessary to retain it for the purpose of housing the seizable thing.

As soon as practicable after the end of the period during which the cage or container may be retained under subsection (2), the CEO must cause reasonable steps to be taken to return the cage or container to the person from whom it was seized (or to the owner if that person is not entitled to possess it).

Subsection (3) does not apply if:

the seizure was also authorised by another provision of this Part (the other seizure provision), as mentioned in subsection 456AA(4)); or

the cage or container is forfeited or forfeitable to the Commonwealth; or

the cage or container has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the CEO is not in a position to cause reasonable steps to be taken to return the cage or container; or

the Commonwealth, the CEO or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the cage or container.

If, because of paragraph (4)(a), the cage or container does not have to be returned at the end of the period referred to in subsection (3), this Part then applies in relation to the cage or container as if, at the end of that period, it had been seized under the other seizure provision.