Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53g
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53G
Character Range: 37616–38965

53G  Return of seized things
 (1) Subject to any contrary order of a court, if:
 (a) an inspector seizes a thing under section 53; and
 (b) a forfeiture notice has not been given in relation to the thing;
the inspector must return it if:
 (c) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (d) the period of 60 days after its seizure ends;
whichever first occurs, unless the thing is forfeited to the Commonwealth.
Note: For forfeiture, see Division 3.
 (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 53H; or
 (c) the owner of the thing consents to the thing not being returned; or
 (d) to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or
 (e) 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.