Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_444c
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 444C
Character Range: 136536–137351

444C  Applications for return of specimen

 (1) If a specimen is seized under section 444A, the owner of the specimen may apply in writing to the Secretary for the delivery to the owner of the specimen.

 (2) The application must be made:
 (a) within 30 days after the seizure; or
 (b) if a notice is given under subsection 444B(1) in relation to the specimen—within 30 days after the giving of the notice.

 (3) The application must be made on the ground that the specimen was not used or otherwise involved in the commission of an offence against Part 13A.

 (4) If the applicant satisfies the Secretary that the ground has been established, the Secretary must grant the application.

Note: Under section 444G, the Secretary may retain the specimen for up to 30 days after making a decision on the application.