Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_284d
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 284D
Character Range: 212051–214460

284D  Retention of thing seized etc.
 (1) Section 66 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act, has effect subject to subsections (2), (3) and (4) of this section.
 (2) If:
 (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and
 (b) proceedings for an offence against this Act are instituted within the period of 60 days after the seizure; and
 (c) the thing may have been used, or otherwise involved, in the alleged commission of the offence;
the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised.
Note: Offence against this Act has an extended meaning (see section 11).
 (3) If:
 (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and
 (b) proceedings under section 82 of the Regulatory Powers Act in relation to a contravention of a civil penalty provision of this Act are instituted within the period of 60 days after the seizure; and
 (c) the thing may have been used, or otherwise involved, in the alleged contravention of the civil penalty provision;
the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised.
 (4) If:
 (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and
 (b) proceedings under subsection 284L(3) of this Act in relation to a contravention of a civil penalty provision of this Act are instituted within the period of 60 days after the seizure; and
 (c) the thing may have been used, or otherwise involved, in the alleged contravention of the civil penalty provision;
the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised.
 (5) The ACMA may, by written instrument, authorise a thing seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act, to be released to the owner, or to the person from whom it was seized, either:
 (a) unconditionally; or
 (b) on such conditions as the ACMA thinks fit, including conditions as to giving security for payment of its value if it is forfeited under section 284L of this Act.