Document ID: chunk:federal_register_of_legislation:C2024C00508:section:140
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 140
Character Range: 369064–370347

140  Return of things that are seized
 (1) An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens:
 (a) the reason for the thing's seizure no longer exists;
 (b) it is decided that the thing is not to be used in evidence;
 (c) the period of 60 days after the thing's seizure ends.

Exception
 (1A) Subsection (1):
 (a) is subject to any contrary order of a court; and
 (b) does not apply if the thing:
 (i) is forfeited or forfeitable to the APVMA (see section 150); or
 (ii) is the subject of a dispute as to ownership.
 (2) The inspector is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:
 (a) proceedings in which the thing may be used in evidence were begun before the end of the 60 days and the proceedings (including an appeal to a court in relation to the proceedings) have not been completed; or
 (b) the inspector may keep the thing because of an order under section 141; or
 (c) the inspector is authorised by this Code or by an order of a court to keep, destroy or dispose of the thing.
 (3) If the thing has to be returned, it must be returned to the person from whom it was seized or, if that person is not entitled to possess it, to the owner.