Document ID: chunk:federal_register_of_legislation:C2024C00629:section:35
Version: federal_register_of_legislation:C2024C00629
Segment Type: section
Provision Reference: s 35
Character Range: 42819–43885

35  Power of retention
 (1) A thing seized under this Act may be retained:
 (a) in the case of a protected object seized on the grounds that it is forfeited by virtue of subsection 9(1)—until a court orders the return of the object or the object is disposed of under section 38;
 (b) in the case of any other protected object—until a court orders the return of the object or the object is forfeited; or
 (c) in the case of any other thing—until the end of the period of 60 days after the seizure or, if proceedings involving the thing are instituted within that period, until those proceedings (including any appeal to a court in relation to those proceedings) are terminated.
 (2) The Minister may, by instrument in writing, authorise any thing seized under this Act (other than a protected object that is forfeited) to be released to the owner, or the person who had the possession, custody or control of the thing immediately before it was seized, and thereupon sections 36 and 37 do not apply, or cease to apply, as the case requires, in relation to the thing.