Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:2_3zqy
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 2 cl 3ZQY
Character Range: 89904–91051

3ZQY  When things seized under Division 3 must be returned

 (1) If:
 (a) the Commissioner is satisfied that a thing seized under Division 3 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings; or
 (b) the period of 60 days after the thing's seizure ends;
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) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) the thing may be retained because of an order under section 3ZQZ; or
 (c) 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
 (d) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.