State Development and Public Works Organisation Act 1971

This section applies if a seized thing is not—

forfeited or transferred under division 1AE; or

subject to a disposal order under division 1AE.

As soon as the Coordinator-General stops being satisfied there are reasonable grounds for keeping the thing, the Coordinator-General must return the thing to its owner.

If the thing is not returned to its owner within 3 months after the thing was seized, the owner may apply to the Coordinator-General for its return.

Within 30 days after receiving the application, the Coordinator-General must—

if the Coordinator-General is satisfied there are reasonable grounds for keeping the thing and decides to keep the thing—give the owner a decision notice about the decision to keep the thing; or

otherwise—return the thing to the owner.

For this section, there are reasonable grounds for keeping a seized thing if—

the thing is being, or is likely to be, examined; or

the thing is needed, or may be needed, for—

a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or

an appeal from a decision in a proceeding for an offence against this Act; or

it is not lawful for the owner to possess the thing.

Subsection (5) does not limit the grounds that may be reasonable grounds for keeping the thing.

Nothing in this section affects a lien or other security over the seized thing.