Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_66as
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 66AS
Character Range: 145109–146262

66AS  Retention of things that are seized

 (1) Subject to any contrary order of a court, if a person seizes a thing under this Part, the person 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 or is the subject of a dispute as to ownership.

 (2) At the end of the 60 days specified in paragraph (1)(b), the person must take reasonable steps to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it) unless:
 (a) proceedings in which the thing may be used in evidence were begun 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) the person may retain the thing because of an order under section 66AT; or
 (c) the person is otherwise authorised or required (by a law, or an order of a court, of the Commonwealth, of a State or of a Territory) to retain, destroy or dispose of the thing.