Requirement for registrant to give product—retention and return of product
58 Requirement for registrant to give product—retention and return of product
Retention etc. of product
If a product is given to a GEMS inspector in accordance with a requirement under subsection 57(1), the GEMS inspector:
may take possession of the product; and
may retain the product (but see subsection (2) of this section); and
must provide a receipt for the product.
The product may be tested under section 126.
Return of product
The GEMS Regulator must take reasonable steps to return the product to the registrant or a contact person for the registration when the earliest of the following happens:
it is no longer necessary to retain the product for the purposes of determining whether the model complies with the GEMS determination against which it is registered;
it is decided that the product is not to be used in evidence;
the 6‑month period after the product was given to the GEMS Regulator ends.
Exception to requirement to return product
Subsection (2):
is subject to any contrary order of a court; and
does not apply if the product:
is forfeited or forfeitable to the Commonwealth; or
is the subject of a dispute as to ownership.
The GEMS Regulator is not required to take reasonable steps to return the product because of subsection (2) if:
proceedings in respect of which the product may afford evidence were instituted before the end of 6 months after the product was given to the GEMS Regulator, and have not been completed (including an appeal to a court in relation to those proceedings); or
the product may continue to be retained because of an order under section 59; or
the Commonwealth or the GEMS Regulator 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 product.
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