Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18mu
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18MU
Character Range: 207568–208813

18MU  Retention of seized things
 (1) Subject to any contrary order of a court, if a trade measurement inspector seizes a thing under this Part, a trade measurement inspector must return it if:
 (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (b) the period of 6 months after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.
 (2) At the end of the 6 months specified in subsection (1), a trade measurement inspector must take reasonable steps to return the thing to the person from whom it was seized, unless:
 (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 6 months and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) the inspector may retain the thing because of an order under section 18MV; or
 (c) a trade measurement inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.
 (3) The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as the Secretary sees fit.