Retention and return of seized alkaloid poppies or poppy straw
30ZK Retention and return of seized alkaloid poppies or poppy straw
If an inspector seizes any seized material under section 30ZH, subject to section 30ZJ, the Chief Executive with any assistance necessary must—
take reasonable steps to release or return the seized material to the licensed grower or the licensed processor from whom it was seized or its lawful owner if the reason for its detention or seizure no longer exists;
or
retain any seized material that is required for evidence in a legal proceeding in a place approved by the Chief Executive.
If the seized material has not been returned to the licensed grower or the licensed processor from whom it was seized or its lawful owner within
3 months after it was seized, the Chief Executive must take reasonable steps to return it to that licensed grower or licensed processor or lawful owner (as the case requires) unless—
proceedings for the purpose for which the seized material was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
the Magistrates Court makes an order under section 30ZL extending the period during which the seized material may be retained.
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