Document ID: chunk:federal_register_of_legislation:C2024C00434:section:64
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 64
Character Range: 96521–97986

64  Retention of things which are seized
 (1) Subject to any contrary order of a court, if a national inspector seizes a thing under section 58 or 63, the national 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) if the thing was seized under a warrant issued under section 58 or 63:
 (i) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (ii) the period of 60 days after its seizure ends;
  whichever occurs first;
unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
 (2) If a thing is seized under a warrant issued under section 58 or 63, at the end of the 60 days specified in subsection (1), the national inspector must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it unless:
 (a) proceedings in respect of which the thing may afford evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) the national inspector may retain the thing because of an order under section 65; or
 (c) the national inspector or another person is 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.