Regulatory Powers (Standard Provisions) Act 2014

The relevant chief executive must take reasonable steps to return a thing seized under this Part 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.

For exceptions to this rule, see subsections (2) and (3).

Subsection (1):

is subject to any contrary order of a court; and

does not apply if the thing:

is forfeited or forfeitable to the Commonwealth; or

is the subject of a dispute as to ownership.

The relevant chief executive is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and those proceedings (and any appeal from those proceedings) have not been completed; or

the thing may continue to be retained because of an order under section 67; or

the Commonwealth or the relevant chief executive 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 thing.

A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).