Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_22
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 31156–32268

22  Subsections 252C(4) and (5)
Repeal the subsections, substitute:

Return of seized things
 (4) Section 252CB applies to any thing seized under paragraph (1)(d) after the earliest of the following events happens:
 (a) the end of the period of 60 days after the thing was seized, or at the end of a longer period ordered by a magistrate under section 252E, unless proceedings mentioned in paragraph (b) of this subsection are instituted before the end of that period (or that longer period);
 (b) proceedings in respect of which the thing might provide evidence (including any appeal to a court in relation to those proceedings) are completed;
 (c) it is decided that the thing is not to be used in evidence.
Note: Section 252CB provides for the return of things seized under paragraph (1)(d) of this section and section 252CA.
 (5) Despite subsection (4), section 252CB does not apply to a thing if an authorised officer is authorised (by a law, or an order of a court or a tribunal, of the Commonwealth or a State or Territory), otherwise than under this section, to retain, destroy or dispose of the thing.