Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:2_3zqx
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 2 cl 3ZQX
Character Range: 89044–89904

3ZQX  When things seized under Division 2 or 4 must be returned

 (1) If the Commissioner is satisfied that a thing seized under Division 2 or 4 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 thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.

 (2) However, the Commissioner does not have to take those steps if:
 (a) the thing 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
 (b) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

Subdivision C—Returning things seized under Division 3