Document ID: chunk:federal_register_of_legislation:C2017C00123:section:79
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 79
Character Range: 92147–93521

79  Guide to this Part

      This Part sets out processes for dealing with things taken in the exercise of powers under this Act.
      Things taken fall into the following 3 categories:

                (a) seized things;
                (b) retained things;
                (c) detained vessels and aircraft.

      Written notice must be given to the owner of a seized, retained or detained thing, or to a person who had possession or control of the thing.
      Seized things may be used for certain purposes, but must be returned unless:

                (a) they are required for proceedings; or
                (b) they have been disposed of under an Australian law; or
                (c) they are seized under another Australian law; or
                (d) the Commonwealth claims ownership of them.
      Retained and detained things must be returned unless:

                (a) they have been disposed of under an Australian law; or
                (b) they are seized under an Australian law; or
                (c) the Commonwealth claims ownership of them.

      The Minister may dispose of seized, retained and detained things on the grounds set out in Division 5.
      If the Commonwealth claims ownership of a seized, retained or detained thing, a person may apply to a court for its return.

Division 2—Notice of seizure, retention or detention