Document ID: chunk:federal_register_of_legislation:C2024C00632:section:48h
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 48H
Character Range: 1046268–1047617

48H  Retention of seized things
 (1) Subject to any contrary order of a court, if an authorised person seizes a thing under this Part, an authorised person must return it if:
 (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (b) the period of 120 days after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.
 (2) At the end of the 120 days specified in subsection (1), an authorised person must take reasonable steps to return the thing to the person from whom it was seized, unless:
 (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 120 days and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) an authorised person may retain the thing because of an order under section 48J; or
 (c) an authorised person is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.
 (3) The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as the Secretary sees fit.
Note: This section does not apply in relation to the thing if section 52AAB applies in relation to the thing: see subsection 52AAB(2).