Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_444g
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 444G
Character Range: 139793–141297

444G  Retention of specimen

 (1) If a specimen is seized under section 444A, the specimen may be retained until the end of 30 days after whichever is the latest of the following events:
 (a) the seizure;
 (b) if a notice is given under subsection 444B(1) in relation to the specimen—the giving of the notice;
 (c) if an application is made under subsection 444C(1) in relation to the specimen—the making of a decision on that application;
 (d) if:
 (i) proceedings for an offence against Part 13A are instituted during the period within which an application may be made under subsection 444C(1) in relation to the specimen; and
 (ii) the specimen may have been used or otherwise involved in the commission of the offence or the specimen may afford evidence of the commission of the offence;
  the termination of the proceedings (including any appeal to a court in relation to those proceedings);
 (e) if proceedings under section 444K are instituted during the period within which an application may be made under subsection 444C(1) in relation to the specimen—the termination of the proceedings (including any appeal to a court in relation to those proceedings).

 (2) The rule in subsection (1) does not authorise the retention of the specimen if the owner of the specimen succeeds in an action under subsection 444D(1) for the delivery of the specimen to the owner. Nor does that rule require the return of the specimen if proceedings under subsection 444D(1) relating to the specimen are pending.