Document ID: chunk:federal_register_of_legislation:C2024C00627:section:56
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 56
Character Range: 68328–69632

56  Return of seized things
 (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Part, the inspector must return it if:
 (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (b) the period of 60 days after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.
 (2) At the end of the 60 days specified in subsection (1), an inspector must take reasonable steps to return the thing to the person from whom it was seized, unless:
 (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) an inspector may retain the thing because of an order under section 57; or
 (c) to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or
 (d) an inspector 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.
 (3) The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as the Secretary sees fit.