Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:3_24ab
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 3 cl 24AB
Character Range: 51513–52799

24AB  When returnable items must be returned
 (1) If the CEO is satisfied that a returnable item is not required (or is no longer required) for a purpose mentioned in section 24AA or for other judicial or administrative review proceedings, the CEO must take reasonable steps to return the item to:
 (a) the person from whom the item was seized, or the person who produced the item; or
 (b) the owner, if the person mentioned in paragraph (a) is not entitled to possess it.
 (2) However, the CEO does not have to take those steps if:
 (a) either:
 (i) the returnable item may be retained because of an order under subsection 24AC(2), or any other order under that subsection has been made in relation to the item; or
 (ii) the CEO has applied for such an order and the application has not been determined; or
 (b) the returnable item 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 returnable item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
 (3) To avoid doubt, if the returnable item is a document, the CEO is required to take reasonable steps to return the document only if the ACC took possession of that document.