Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_233f
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 233F
Character Range: 122788–124266

233F  Return of seized things
 (1) The Inspector‑General must take reasonable steps to return a thing seized under this Subdivision when the earliest of the following happens:
 (a) the reason for the thing's seizure no longer exists;
 (b) it is decided that the thing is not to be used in evidence;
 (c) the period of 60 days after the thing's seizure ends.
Note: For exceptions to this rule, see subsections (2) and (3).

Exceptions
 (2) Subsection (1):
 (a) is subject to any contrary order of a Court; and
 (b) does not apply if the thing:
 (i) is forfeited or forfeitable to the Commonwealth; or
 (ii) is the subject of a dispute as to ownership.
 (3) The Inspector‑General is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:
 (a) 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
 (b) the thing may continue to be retained because of an order under section 233G; or
 (c) the Commonwealth or the Inspector‑General 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.

Return of thing
 (4) 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).