Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_713
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 713
Character Range: 451156–452210

713  At the end of section 444G
Add:

 (3) As soon as practicable after the end of the period during which the specimen may be retained under subsection (1), the Secretary must cause reasonable steps to be taken to return the specimen to the person from whom it was seized (or to the owner if that person is not entitled to possess it).

 (4) Subsection (3) does not apply if:
 (a) the specimen is forfeited or forfeitable to the Commonwealth; or
 (b) the specimen has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the Secretary is not in a position to cause reasonable steps to be taken to return the specimen; or
 (c) the Commonwealth, the Secretary or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the specimen; or
 (d) proceedings under subsection 444D(1) relating to the specimen are pending.