Therapeutic Goods Act 1989

This section applies in relation to a thing if:

the thing was forfeited to the Commonwealth under subsection 52AAA(1); and

a court has made a declaration that the thing is not forfeited to the Commonwealth under that subsection.

Sections 48H and 48J do not apply in relation to the thing.

At the end of 120 days after the declaration referred to in paragraph (1)(b) was made, an authorised person must take reasonable steps to return the thing to the person from whom it was seized unless:

proceedings in respect of which the thing may afford evidence were commenced before the end of the 120 days and have not been completed (including an appeal to a court in relation to those proceedings); or

an authorised person may retain the thing because of an order under subsection (6); or

an authorised person is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.

The thing may be returned under subsection (3) either unconditionally or on such terms and conditions as the Secretary sees fit.

The Secretary may apply to an issuing officer for an order that an authorised person may retain the thing for a further period. The application must be made:

before the end of 120 days after the declaration referred to in paragraph (1)(b) was made; or

if an order has been made under subsection (6)—before the end of the period specified in the most recent order made under that subsection.

If the issuing officer is satisfied that it is necessary for an authorised person to continue to retain the thing:

for the purposes of an investigation as to whether an offence against this Act has been committed; or

to enable evidence of an offence against this Act to be secured for the purposes of a prosecution; or

for the purposes of an investigation as to whether a civil penalty provision has been contravened; or

to enable evidence of a contravention of a civil penalty provision to be secured for the purposes of civil proceedings;

Before making an application under subsection (5), the Secretary must:

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person who the Secretary believes to have such an interest of the proposed application.