Document ID: chunk:federal_register_of_legislation:C2024C00742:section:546
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 546
Character Range: 1139362–1140510

546  Retention of things seized
 (1) If an inspector seizes a thing under this Division, the inspector or the ACMA may retain it until:
 (a) the end of the period of 60 days after the seizure; or
 (b) if either of the following proceedings are instituted within that period:
 (i) proceedings for an offence against, or arising out of, this Act in respect of which the thing may afford evidence;
 (ii) proceedings for a breach of the Spam Act 2003 in respect of which the thing may afford evidence;
  the proceedings (including any appeal to a court in relation to those proceedings) are completed.
 (2) The ACMA may, by written instrument, authorise a thing seized under this Division to be released to the owner, or to the person from whom it was seized, either:
 (a) unconditionally; or
 (b) on such conditions as the ACMA thinks fit, including conditions as to giving security for payment of its value if it is forfeited under section 551.
 (3) In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

Division 5—Searches to monitor compliance with Part 21