Document ID: chunk:federal_register_of_legislation:C2011A00002:clause:3_31
Version: federal_register_of_legislation:C2011A00002
Segment Type: clause
Provision Reference: sch 3 cl 31
Character Range: 18095–19497

31  At the end of section 3ZQX
Add:

When documents produced under Division 4B must be returned
 (3) If the Commissioner is satisfied that a document produced under Division 4B is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must take reasonable steps to return the document to the person who produced the document or to the owner if that person is not entitled to possess it.
 (4) However, the Commissioner does not have to take those steps if:
 (a) either:
 (i) the document may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the document; or
 (ii) the Commissioner has applied for such an order and the application has not been determined; or
 (b) the document may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or
 (c) the document is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
Note 1: The heading to section 3ZQX is replaced by the heading "When things seized or documents produced under Division 2, 4 or 4B must be returned".
Note 2: The following heading to subsection 3ZQX(1) is inserted "When things seized under Division 2 or 4 must be returned".